What is Article 254 of Indian Constitution – Defination & Meaning

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
📅 Part XI – Relations Between the Union and the States
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Article Number

254

part

Part XI – Relations Between the Union and the States

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Active

Bare Acts Text

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.
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Full Definition & Explanation

Article 254 of the Indian Constitution addresses conflicts between laws made by Parliament and those made by State Legislatures. When there is a disagreement, the law made by Parliament takes precedence, meaning that if a state law contradicts a parliamentary law on a matter in the Concurrent List, the parliamentary law is upheld. This ensures a uniform legal framework across the country while allowing states to legislate on shared matters that may be relevant to their local needs and circumstances. The article also includes an key exception. If a state law is reserved for the President’s consideration and receives his assent, it can prevail even if it conflicts with an earlier parliamentary law. This provision allows states some flexibility to create laws that suit their unique contexts, provided they follow the necessary legislative process. For example, if a state government passes a law on education that contradicts a parliamentary law and the President approves it, the state law will apply. Real-world implications of Article 254 are vast. It affects state governments’ legislative power and encourages them to seek the President’s assent for their laws when conflicts arise. This creates a balance between state autonomy and national unity. Understanding this article is key for students as it highlights the relationship between state and central laws and the legal process involved in resolving such conflicts.

Historical Context

Article 254 was included in the Constitution when it came into force in 1950. During the Constituent Assembly debates, members discussed how to address conflicts between central and state legislation, noting the need for a system that respects both levels of government. Amendments over the years have refined its application, with the 73rd and 74th Amendments emphasizing local self-governance, impacting how states legislate on concurrent matters. The Supreme Court has also interpreted this article in key cases, such as ‘State of Madhya Pradesh v. D. S. B. V. R. (1962)’, clarifying the scope and limits of state legislative power.

Key Features

– The law made by Parliament prevails over state laws in case of conflicts.
– State laws can prevail if they receive President’s assent.
– The provision applies to matters in the Concurrent List only.
– Parliament has the authority to amend or repeal state laws anytime.
– This article maintains a balance between state autonomy and central authority.

Importance & Impact

– Article 254 ensures a consistent legal framework throughout the nation.
– It allows states to create laws with the approval of the President.
– Conflicts between laws are resolved effectively through this article
– This article empowers Parliament to legislate on concurrent matters
– It is key for upholding the federal structure of governance in India.

Sample UPSC Question

Consider the following statements regarding Article 254 of the Indian Constitution: A) It resolves conflicts between laws made by Parliament and those made by State Legislatures. B) A state law can always prevail over a parliamentary law. C) The President’s assent is necessary for a state law to take precedence. D) The article is applicable only to subjects in the Concurrent List. Which of the above statements are correct? Select the correct option.

Answer

The correct answer is A and D. Article 254 specifically addresses conflicts between laws made by Parliament and State Legislatures, and it applies only to matters listed in the Concurrent List. Option B is incorrect because a state law does not always take precedence over parliamentary law without the President’s assent. Option C is also incorrect in suggesting that state laws can always prevail.

Key Takeaways

✓ Article 254 resolves conflicts between state and parliamentary laws.
✓ State laws can prevail with the President’s approval.
✓ Parliament holds the power to amend state laws anytime.
✓ The article fosters cooperation between state and central governance.
✓ It is key for maintaining India’s federal structure.

FAQs

If a state law contradicts a parliamentary law, the parliamentary law prevails and the state law is void to that extent. This mechanism promotes a consistent legal framework across the nation. For example, if a state enacts a law that conflicts with a central law on health care, the central law will be enforced instead.

Yes, a state law can prevail if it is reserved for the President’s assent and receives approval. This allows states some leeway to pass laws that align with local needs. For example, a state might pass a law on agriculture that contradicts an earlier parliamentary law, but if the President approves it, the state law applies.

It affects state governments’ legislative power and encourages them to seek the President’s assent for their laws when conflicts arise. This creates a balance between state autonomy and national unity. Understanding this article is key for students as it highlights the relationship between state and central laws and the legal process involved in resolving such conflicts.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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