The Constitution of India
Inconsistency between laws made by Parliament and laws made by the
- Jurisdiction
- India
- Provision
- 254
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceLegislatures 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 1[***] 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.
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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