Article 254 deals with inconsistency between laws made by Parliament and laws made by the Legislatures of States. It talks about the doctrine of repugnancy. It involves solving questions of repugnancy between the Central and the State law.
Article 254(1): If any legislation enacted by the state legislature is repugnant to the legislation enacted by the Parliament, then the state legislation will be declared void, and the legislation enacted by the Parliament will prevail over the former.
Article 254(2):In case of repugnant legislation passed by the state against the Parliament, the state can enforce the legislation if they receive assent from the President.
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Doctrine of repugnancy: The doctrine of repugnancy is basically when two pieces of legislation have a conflict between them and when are applied to the same facts but they produce different outcomes or results. When provisions of 2 laws are so contrary and disconfirmed that it becomes difficult to do one without opposing the other, this is a situation where repugnancy arises. Article 254 of the Indian Constitution establishes successfully the Doctrine of Repugnancy in India. |
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