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Article 254 Of Indian Constitution In English
Article 254 – Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause ( 2 ), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.
Article 254 In English
254 Article – Inconsistency between the laws made by the Parliament and those made by the Legislatures of the States.
(1) If any provision of a law made by the Legislature of a State is contrary to any provision of a law made by Parliament which Parliament is competent to enact, or in respect of any of the provisions of the existing law, in respect of any one matter in relation to the Concurrent List, then, subject to the provisions of clause (2), a law made by Parliament, whether before or after a law made by the Legislature of that State, or, as the case may be, existing law shall prevail and any law made by the Legislature of the State shall, to the extent of the contrary, be void.
(2) Where a law made by the Legislature of a State in relation to one of the matters listed in the Concurrent List contains any provision against the provisions of an earlier law made by Parliament or an existing law in relation to that matter, such A law made by the Legislature of a State shall, if it is reserved for the consideration of the President and the assent of the President, have effect in that State: Provided that nothing in this section shall at any time be enacted by Parliament at any time. won’t stop you from doing it. Law in respect of the same matter including a law to add to, amend, alter or repeal a law made by the Legislature of a State.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 254 Of Indian Constitution?
In Article 254 you see “Inconsistency between laws made by Parliament and laws made by the Legislatures of States” that means (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause ( 2 ), more above.
Article 254 Debate Summary
Draft Article 231 (Article 254) was discussed on 13 June 1949. The draft Article lays down what should be done in case of conflict or inconsistency between the law of the State mentioned in the Concurrent List and the law of Parliament. When there is a discrepancy, the law of the union will supersede the law of the state.
There was no discussion on this draft article. The Chairman of the Drafting Committee moved an amendment to add the words ‘or Part III’ after the words ‘Part I’ in the draft Article. This amendment brought other Indian states under the ambit of the draft Article. This was done so that the draft article was equally applicable to both the governor’s provinces (Part I states) and other princely states (Part III states).
This amendment was accepted without any debate. The draft article was adopted on 13 June 1949. Subsequently, the Article was also amended by the Constitution (Seventh Amendment) Act, 1956.
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