The Indian Constitution is the supreme law of the land, providing the framework for the governance of the country. It delineates the powers and responsibilities of the various organs of the government, ensuring a harmonious functioning of the nation. One crucial aspect of the Constitution is Article 254, which deals with the inconsistency between laws made by the Parliament and laws made by the Legislatures of the States.

Understanding Article 254

Article 254 of the Indian Constitution aims to resolve any conflicts that may arise between laws enacted by the Parliament and laws enacted by the State Legislatures. It provides a mechanism to determine the validity of such laws and ensures that the constitutional balance is maintained.

The article is divided into two clauses, namely Clause (1) and Clause (2), which address different scenarios of inconsistency between laws.

Clause (1): Repugnancy

Clause (1) of Article 254 deals with the situation of repugnancy between a law made by the Parliament and a law made by the Legislature of a State on a subject enumerated in the Concurrent List. The Concurrent List is a list of subjects on which both the Parliament and the State Legislatures have the power to make laws.

In case of a repugnancy, the law made by the Parliament will prevail over the law made by the State Legislature. However, for this to happen, the law made by the Parliament must receive the President's assent.

It is important to note that the State Legislature has the power to make laws on subjects in the Concurrent List as long as they do not conflict with the laws made by the Parliament. If such a conflict arises, the law made by the Parliament will prevail.

Clause (2): Inconsistency between a Central and State law

Clause (2) of Article 254 addresses the situation when a State law that has received the President's assent is inconsistent with a law enacted by the Parliament on a subject in the State List or the Concurrent List.

In such a scenario, the State law will prevail in that particular State if it has received the President's assent. However, if the State law is inconsistent with a law made by the Parliament and has not received the President's assent, the law made by the Parliament will prevail.

This clause ensures that the State Legislatures have the power to make laws on subjects in the State List, but their laws can be overridden by the Parliament if necessary.

Judicial Review and Article 254

Article 254 also allows for the judicial review of laws made by the Parliament and the State Legislatures. The judiciary plays a crucial role in interpreting the Constitution and determining the validity of laws.

If a law made by the Parliament or a State Legislature is challenged in a court of law on the grounds of inconsistency with the Constitution or other laws, the court has the power to declare the law as unconstitutional or invalid.

It is the responsibility of the judiciary to ensure that laws made by the Parliament and the State Legislatures are in accordance with the provisions of the Constitution and do not violate the fundamental rights of the citizens.

Conclusion

Article 254 of the Indian Constitution serves as a vital mechanism to resolve inconsistencies between laws made by the Parliament and laws made by the State Legislatures. It establishes a hierarchy between the two and ensures that the laws enacted by the Parliament prevail in case of repugnancy.

However, it also grants certain powers to the State Legislatures, allowing them to make laws on subjects in the Concurrent List and the State List. The President's assent plays a crucial role in determining the validity of State laws.

The judicial review of laws under Article 254 ensures that the constitutional balance is maintained and that the laws made by the Parliament and the State Legislatures are in accordance with the Constitution.

Overall, Article 254 plays a significant role in maintaining the harmony and coherence of the Indian legal system by providing a mechanism to resolve inconsistencies between laws made by different legislative bodies.