PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I. LEGISLATIVE RELATIONS Distribution of Legislative Powers 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 Legisalture of a State _221*** 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. |