Constitution of India · Part XI: Relations Between the Union and the States · Distribution of Legislative Powers
Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States
In plain words
If a State law conflicts with a law of Parliament that Parliament can make, or with an existing law on a Concurrent List matter, the law of Parliament or existing law prevails and the State law is void to that extent.
- But a State law on a Concurrent List matter that conflicts with an earlier law of Parliament prevails in that State if it was reserved for and received the President's assent.
- Parliament can still make a later law on the same matter, including one that amends or repeals the State law.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 254 resolves conflicts between Central and State laws on Concurrent List subjects. Under clause (1) the Central law prevails and the State law is void to the extent of repugnancy. Under clause (2) a State law that has been reserved for and received the President's assent prevails in that State, unless Parliament later legislates otherwise.
When there is repugnancy
Two laws are repugnant when they cannot stand together. The Supreme Court uses three tests that originate in Australian law: (1) a direct conflict, where obeying one means breaking the other; (2) Parliament intended its law to be a complete and exhaustive code on the subject, occupying the field; (3) both laws deal with the same subject matter. If both can operate together, as where a State fixes a higher minimum price than the Centre, there is no repugnancy.
Clause (2) and Presidential assent
- The State law must be on a Concurrent List matter.
- It must be reserved for the President and receive assent.
- Assent operates only against the Central laws whose repugnancy was pointed out when assent was sought (Kaiser-I-Hind).
- Parliament can still override it later by a law on the same matter (proviso).
Only Concurrent List conflicts
Article 254 applies where both laws are traceable to the Concurrent List. If the State law falls under List II and the Central law under List I, the question is legislative competence under Article 246. This is a common confusion in exam answers.
Key Supreme Court rulings
M. Karunanidhi v. Union of India (1979) 3 SCC 431
A Constitution Bench laid down the tests: repugnancy needs "inconsistent and irreconcilable provisions" that cannot operate in the same field; there is no repeal by implication unless the inconsistency is on the face of the statutes; if both can operate without collision there is no repugnancy; and a State law creating distinct offences in the same field is not repugnant.
Kaiser-I-Hind Pvt. Ltd. v. National Textile Corporation 2002 INSC 406
Presidential assent under Article 254(2) is limited to the proposal made by the State; the State law prevails only over the Central laws whose repugnancy was pointed out and for which assent was sought.
Forum for People's Collective Efforts v. State of West Bengal 2021 INSC 283
The West Bengal Housing Industry Regulation Act, 2017 was struck down as repugnant to the Central RERA; it occupied the same field, lifted RERA's provisions almost word for word, and set up a parallel regime instead of complementing the Central law.
Innoventive Industries Ltd. v. ICICI Bank 2017 INSC 837
The Insolvency and Bankruptcy Code prevailed over the Maharashtra Relief Undertakings Act; the State moratorium could not stall an insolvency process under the Code.
Common mistakes
- Applying Article 254 to a List I versus List II conflict.
- Treating Presidential assent as validating the State law against every Central law.
- Finding repugnancy merely because both laws cover the same ground; check whether they can operate together.
Read with: Article 246 Constitution, Article 213 Constitution, Article 201 Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 254
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Mandeep Singh & Ors. v. State of Punjab and Ors.
The matter pertains to legality of recruitment/selection of Assistant Professors and Librarians in Government Degree colleges of Punjab. The Division Bench of the High Court has reversed the findings of the Single Judge…
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Authority & Anr v. L.G. Chaudhary Engineers & Contractors
1. Whether an arbitral award rendered under the Arbitration and Conciliation Act, 1996 (hereinafter “Act, 1996”), where the arbitration proceedings ought to have been governed by the M.P. Madhyastham Adhikaran…
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National Spot Exchange Limited v. Union of India & Ors.
Whether the Secured creditors would have priority of interest over the assets attached under the Provisions of Prevention of Money Laundering Act, 2002, (PMLA) and Maharashtra Protection of Investors and Depositors Act,…
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
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Chandra Shekhar Singh and Others v. The State of Jharkhand and Others
Whether the term ‘degree’ as mentioned in the rules and the recruitment notification for the appointment as Food Safety Officer (FSO) issued by the Jharkhand Public Service Commission can be restricted to “Bachelor’s…
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Sanjeevkumar Harakchand Kankariya v. Union of India & Ors.
Issue arose whether in view of the inconsistency between the Court Fees Act, 1870 and Maharashtra Court Fees Act, 1959, if any, would the appellant be entitled to a complete refund of court fees per the former, since it…
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Naeem Bano Alias Gaindo v. Mohammad Rahees & Anr.
Inconsistency between the U.P. State amendment and the subsequent Parliamentary amendment to Section 106, Transfer of Property Act, 1882. Whether in view of the Parliament amending a provision subsequent to a State…
- Bhawana Bisht v. Netaji Subhas University of Technology & Anr
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Anjum Kadari & Anr. v. Union of India & Ors.
Issue arose as to correctness of the order passed by the High Court holding the Uttar Pradesh Board of Madarsa Education Act, 2004 to be unconstitutional on the ground that it violates the principle of secularism and…
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State of U.P. & Ors v. M/S Lalta Prasad Vaish and Sons
The issues which arise for adjudication in this reference pertain to the scope of the power of the State Legislatures under Entry 8 and the meaning of the phrase “intoxicating liquor”. The question is whether…
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Industries Ltd. v. Union of India [2000] Supp. 4 SCR 44 : (2001) 1
The questions which arose for determination are as to what is the true nature of royalty determined u/s.9 r/w s.15(1) of the Mines and Minerals (Development and Regulation) Act, 1957; whether royalty is in the nature of…
- Mohd Anwar Khan v. Jamia Millia Islamia & Ors
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Life Insurance Corporation of India v. The State of Rajasthan and Ors.
Whether the Rajasthan Stamp Law (Adaptation) Act, 1952 or the Rajasthan Stamp Act, 1998 applies to the facts of the present case; whether the state government has the legislative competence to impose and collect stamp…
- Yudhvir Singh & Anr v. Govt. of NCT of Dlehi & Ors
- Gajender Singh Drall and Ors v. Govt of NCT of Delhi and Ors
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Dr. Premachandran Keezhoth & Anr. v. The
The respondent No. 4 herein was appointed as the Vice-Chancellor of the Kannur University, his tenure was for a period four years. As the tenure of the respondent No. 4 was coming to an end, the Chancellor initiated…
- CBI v. R.R. Kishore
- Telefonaktiebolaget Lm Ericsson (Publ) v. Competition Commission of India & Anr
- Competition Commission of India v. Telefonaktiebolaget Lm Ericsson (Publ) & Anr
- Telefonaktiebolaget Lm Ericsson (Publ) v. Competition Commission of India & Anr
- Telefonaktiebolaget Lm Ericsson (Publ) v. Competition Commission of India
- The Animal Welfare Board of India and Ors. v. Union of India & Anr
- C.S. Gopalakrishnan Etc. v. The State of Tamil
- Association of Vasanth Apartments’ Owners v. V. Gopinath & Ors
- Union of India v. K K Loona
- UOI & Anr v. Kewal Krishan Loona
- Baharul Islam & Ors. v. The Indian Medical
- The State of Himachal Pradesh v. Goel Bus Service
- Kirloskar Brothers Limited v. Ramcharan and Ors
- Professor (Dr.) Sreejith P.S. v. Dr. Rajasree M.S. & Ors.
- Maharashtra State Board of Wakfs v. Shaikh Yusuf Bhai Chawla & Ors.
- State of West Bengal v. Anindya Sundar Das & Ors.
- Harbhajan Singh v. State of Haryana & Ors.
- Har Naraini Devi & Anr v. Union of India & Ors.
- Satyender and Ors. v. Saroj and Ors
- Satyajit Kumar & Ors. v. The State of Jharkhand & Ors.
- All Kerala Distributors Association, Kottayam Unit, Represented by Its Secretary v. The State of Kerala & Anr.
- Bharat Sanchar Nigam Limited v. M/S. Nemichand Damodardas & Anr.
- Union of India & Anr v. M/S Mohit Minerals Pvt. Ltd. Through Director
- Nedumpilli Finance Company Limited v. State of Kerala & Ors.
- The Secretary to Govt. of Kerala, Irrigation Department and Others v. James Varghese and Others
- Union of India & Ors v. M/S. Willowood Chemicals Pvt. Ltd. & Anr.
- State of Rajasthan v. Ashok Khetoliya & Anr
- Gambhirdan K Gadhvi v. The State of Gujarat & Ors
- Avtar Singh & Ors. v. Bimla Devi & Ors.
- Union of India & Ors. v. Vkc Footsteps India Pvt Ltd.
- G. Mohan Rao & Ors. v. State of Tamil Nadu & Ors.
- Forum for People’S Collective Efforts (Fpce) & Anr. v. The State of West Bengal & Anr.
- Parmar Samantsinh Umedsinh and Others v. State of Gujarat & Ors.
- The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy and Ors.
- Skill Lotto Solutions Pvt. Ltd. v. Union of India & Ors.
- Praneeth K. and Ors. v. University Grants Commission (Ugc) and Ors.
- Vineeta Sharma v. Rakesh Sharma & Ors.
- Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited
- West U.P. Sugar Mills Association & Ors. v. The State of Uttar Pradesh & Ors.
- Transmission Corporation of Andhra Pradesh Limited v. M/S Rain Calcining Limited & Others
- Ram Krishan Grover and Others v. Union of India and Others
- Council for Technical Education v. Shri Prince Shivaji Maratha Boarding House’S College of Architecture & Ors.
- Nusli Neville Wadia v. Ivory Properties & Ors.
- Kirodi (Since Deceased) Through His Lr v. Ram Parkash & Ors.
- B K Pavitra and Ors. v. The Union of India and Ors
- Atul Chandra Das (D) Through Lrs. v. Rabindra Nath Bhattacharya (D) Thr. Lrs. & Ors. Etc.
- Babu Ram v. Santokh Singh (Deceased) Through His Lrs and Others
- Department of Customs v. Sharad Gandhi
- Govt. of NCT of Delhi v. Union of India
- Indian Hotel and Restaurant Association (Ahar) & Anr. v. The State of Maharashtra & Ors.
- The Jawaharlal Nehru Technological University Registrar v. Sangam Laxmi Bai Vidyapeet & Ors.
- Union of India & Anr. v. Mohit Mineral Pvt. Ltd.
- Justice K. S. Puttaswamy (Retd.) v. Union of India & Ors.
- State Bank of India v. V. Ramakrishnan & Anr.
- Tamil Nadu Medical Officers Association and Ors. v. Union of India and Ors.
- A. A. Padmanbhan v. The State of Kerala & Ors.
- Jayant Verma & Ors. v. Union of India & Ors.
- Smt. K. A. Annamma v. The Secretary, Cochin Co-Operative Hospital Society Ltd.
- State of Uttarakhand & Ors. v. M/S. Kumaon Stone Crusher
- M/S. Innoventive Industrles Ltd. v. Icici Bank & Anr.
- State of U.P and Ors. Etc. Etc. v. Shn Kumar Pathak and Ors. Etc. Etc.
- Binoy Viswam v. Union of India & Ors.
- Krishna Kumar Singh & Anr v. State of Bihar & Ors.
- State Bank of India v. Santosh Gupta and Anr. Etc.
- Ahmedabad Municipal Corporation v. Gtl Infrastructure Ltd. & Ors. Etc.
- Uco Bank and Anr. v. Dipak Debbarma & Ors.
- Chief Secretary to the Govt., Chennai Tamilnadu and Others Etc. v. Animal Welfare Board and Another Etc.
- Jindal Stainless Ltd. & Anr v. State of Haryana & Ors
- Modern Dental College and Research Centre & Ors. v. State of Madhya Pradesh & Ors.
- Goa Foundation & Anr. v. State of Goa & Anr.
- Andhra Pradesh State Council of Higher Education v. Union of India & Ors. Etc.
- Pankajakshi (Dead) Through Lrs. & Others v. Chandrika & Others
- Pepsico India Holding P. Ltd. v. Grocery Market & Shops Board & Ors.
- Vishal N. Kalsaria v. Bank of India & Ors.
- Balbhadra Parashar v. State of Madhya Pradesh
- Mahila Ramkali Devi and Others v. Nandram (D) Thr. Lrs. and Others
- Foreshore Co-Operative Housing Society Limited v. Praveen D.Desai (Dead) Thr. Lrs. and Others
- Sudhir N. & Ors. v. State of Kerala & Ors.
- Animal Welfare Board of India v. A. Nagaraja & Ors.
- Bhuvnesh Kumar Dwivedi v. M/S Hindalco Industries Ltd.
- Union of India v. V. Sriharan @ Murugan & Ors.
- The Security Association of India & Anr. v. Union of India & Ors.
- Central Bank of India v. N.R.C. Limited
- Dr. Suhas H. Pophale v. Oriental Insurance Co. Ltd. and Its Estate Officer