Article 254 of the Indian Constitution

The Indian Constitution provides a federal structure where both the Centre and the States have the power to legislate on various matters. However, in

Article 254 of the Indian Constitution: Doctrine of Repugnancy

The Indian Constitution provides a federal structure where both the Centre and the States have the power to legislate on various matters. However, in case of any conflict between a law made by Parliament and a law made by a State Legislature, Article 254 of the Indian Constitution comes into play. It establishes the doctrine of repugnancy, ensuring that central laws prevail over conflicting state laws.

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Understanding Article 254 of the Indian Constitution

Text of Article 254

(1) Inconsistency between laws made by Parliament and laws made by the Legislatures of States

"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 existing law with respect to one of the matters enumerated in the Concurrent List, then the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void."

(2) Exception to Article 254(1)

"If a law made by a State Legislature, related to a Concurrent List subject, has received the assent of the President, then it shall prevail in that State, even if it is inconsistent with a law made by Parliament or an existing law. However, Parliament can still override such a State law by enacting a new law on the same subject."

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Explanation of Key Terms in Article 254

1. Repugnancy – It refers to a situation where there is a direct conflict between a Central law and a State law on the same subject, leading to the question of which law should be followed.
2. Concurrent List – This is one of the three lists in the Seventh Schedule of the Indian Constitution, where both Parliament and State Legislatures have the power to make laws. If a conflict arises, Article 254 determines which law will be applicable.
3. Presidential Assent – If a State law receives the assent of the President, it can prevail over a Central law in that particular state, but Parliament still retains the power to override it.

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Doctrine of Repugnancy Under Article 254

The doctrine of repugnancy is applied to resolve conflicts between Central and State laws in the following scenarios:

1. Direct Conflict – When compliance with both laws is impossible.
2. Occupying the Same Field – If both laws cover the same subject matter, and there is no way to follow both.
3. Intended to be Exhaustive – If Parliament makes a law that is intended to comprehensively cover a subject, a State law on the same matter is void.

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Landmark Cases on Article 254

1. M. Karunanidhi v. Union of India (1979)

The Supreme Court ruled that repugnancy arises only if there is a direct conflict between Central and State laws, meaning they cannot stand together. If both laws can exist without contradiction, there is no repugnancy.

2. Deep Chand v. State of Uttar Pradesh (1959)

The Supreme Court clarified that if Parliament enacts a law intending to fully regulate a subject, then any State law on that subject becomes void.

3. Zaverbhai v. State of Bombay (1954)

The Supreme Court held that even if a State law has received Presidential assent, Parliament still has the power to override it by enacting a fresh law.

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Impact of Article 254 on Federalism

Article 254 plays a crucial role in maintaining the balance between Centre and State powers. While states have autonomy in making laws, Parliament holds the final authority in case of conflicts. This ensures uniformity in laws while also allowing flexibility for states to legislate on matters concerning their specific needs.

Advantages of Article 254

✔ Ensures national consistency in laws.
✔ Provides a mechanism to resolve conflicts between Centre and State laws.
✔ Allows states some flexibility by permitting laws with Presidential assent to prevail in that state.

Disadvantages of Article 254

✖ Limits State autonomy, as Parliament can override State laws.
✖ Ambiguity in interpretation, leading to legal disputes.

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Conclusion

Article 254 of the Indian Constitution is a crucial provision that ensures harmony in the legal system of India. By establishing the doctrine of repugnancy, it clarifies the supremacy of Parliamentary laws over conflicting State laws. However, it also allows for State laws to prevail in certain cases with Presidential assent. This provision strikes a balance between federalism and central authority, ensuring both uniformity and flexibility in governance.