Constitution Section 254 — Inconsistency between laws made by Parliament and laws made by the Legislatures of States

Part XI — RELATIONS BETWEEN THE UNION AND THE STATES — Distribution of Legislative Powers

Constitutional

Summary

If a state law conflicts with a central law on a topic listed in the Concurrent List, the central law will generally win and the conflicting part of the state law will be invalid. However, if the state law was sent to the President for approval and the President gave their assent, then that state law will be valid within that state, even if it contradicts an earlier central law. But even in that case, Parliament can still later pass a new law on the same topic that overrides or changes the state law.

Official Text

(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.