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In the case of inconsistency between laws made by Parliament and laws made by state legislatures, which one of the following shall prevail ?

  • A.The law made by parliament before the law made by the legislature of the State
  • B.The law made by the Parliament after the law made by the legislature of the state
  • C.The law made by the Parliament irrespective of the fact whether the law made by the legislature of the State is before or after the law made by the Parliament
  • D.The law made by the legislature of the State

Answer: C

The law made by Parliament prevails irrespective of whether the State law was made before or after it.

Article 254(1) provides that if a State law on a Concurrent List matter is repugnant to a law made by Parliament, the law made by Parliament, 'whether passed before or after' the State law, prevails, and the State law is void to the extent of the repugnancy. The timing of the two laws does not matter.

The only route by which a State law can prevail is Article 254(2): a State law reserved for and given the President's assent prevails in that State, and even then Parliament can later amend or repeal it. That exception does not make the State law prevail generally, so the option giving priority to the State legislature is wrong, and the options tying the result to the order of enactment misstate the rule.

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