📜 Article 254 of the Indian Constitution
Title: Inconsistency between laws made by Parliament and laws made by the Legislatures of States
Part XI – Relations Between the Union and the States
Chapter I – Legislative Powers
🔹 Text Summary of Article 254:
If a State law made on a subject in the Concurrent List is inconsistent with a Parliamentary law on the same subject, the Parliamentary law prevails, and the State law becomes void to the extent of the conflict.
🧠 Clause-by-Clause Breakdown:
| 🔢 Clause | 📘 Provision |
|---|---|
| (1) | If a State law made on a Concurrent List subject is repugnant to a Union law, the Union law overrides the State law. |
| (2) | However, if the State law has received the President’s assent, it will prevail in that state — even if inconsistent with the Union law — unless Parliament later amends or overrides it. |
📌 Key Features of Article 254:
| 🔍 Feature | ✅ Details |
|---|---|
| 📚 Applicable To | Concurrent List subjects only |
| ⚖️ Inconsistency Handling | Union law prevails over conflicting State law |
| ✍️ Exception Clause | If State law gets President’s assent, it can override Union law within that state |
| 🔁 Parliament's Override Power | Parliament can later amend or repeal the state law |
| 📅 Effect Duration | Till Parliament does not override or repeal the state law |
🧪 Example Scenarios:
| 🧾 Situation | ⚖️ Article 254 Outcome |
|---|---|
| Both Parliament and a State make a law on marriage registration, but they conflict | Union law overrides the State law |
| A State passes a land acquisition law conflicting with the central law, but gets President’s assent | State law applies in that state |
| Parliament later amends the central land law to override the State version | Parliament law prevails again — State law becomes void to the extent of conflict |
⚖️ Judicial Interpretation:
Courts have ruled that repugnancy under Article 254 arises only when:
The laws are on the same subject (Concurrent List), and
There is a direct conflict making it impossible to follow both.
🔁 Related Articles:
| Article | Topic |
|---|---|
| 246 | Division of legislative powers (Union, State, Concurrent) |
| 251 | Conflicts when Parliament legislates under Art. 249 or 250 |
| 200 & 201 | President's and Governor’s role in giving assent to State Bills |
🧠 In Simple Words:
If both the State and Centre make laws on the same Concurrent subject and they conflict, the Union law wins — unless the State law gets Presidential assent, in which case it applies only in that state.
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