What are the provisions in the Constitution of India in relation to inconsistency between laws made by Parliament and laws made by the Legislatures of States?

Question: What are the provisions in the Constitution of India in relation to inconsistency between laws made by Parliament and laws made by the Legislatures of States? [RJS 2016]

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Answer

Article 254 of the Indian Constitution deals with Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

Clause 1 says that if any legal provision made by the State Legislature is repugnant to any legal provision made by the Parliament over which it has the competency, or to any existing legal provision with respect to any of the matters contained in the Concurrent List, then, subject to the provisions of clause (2), the Parliamentary laws, whether passed prior or following the enactment by the State Legislature, or, as the case may be, the existing law, shall prevail over the law passed by the State Legislature.

Clause 2 says that where an enactment by the State Legislature with respect to any matter enumerated in the concurrent List is repugnant with the provisions of the prior Parliamentary law or existing law in respect to that matter, then, the State law, if it has been reserved for the Presidential consideration and has received his assent, prevail in that State.

The proviso of Article 254 further states that the Parliament shall not be prevented from legislating any law any time with respect to the same matter including the addition of law, amendment, variation, or repealing of the law enacted by the Legislature of the State.

The Supreme Court bench in the case of Department of Customs vs. Sharad Gandhi, SLP, 2019, observed that the “inconsistency” found in Article 254 of Indian Constitution between laws made by Parliament and state legislatures stating: If the law made by the state is repugnant to the law made by the parliament, then law made by the parliament shall prevail to the extent of repugnance.

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