The Constitution of India
SEVENTH SCHEDULE
(Article 246)
List II—State List
Serial
No.18. Land, that is to say, rights in or over land, land tenures including the
relation of landlord and tenant, and the collection of rents; transfer
and alienation of agricultural land; land improvement and agricultural
loans; colonization.
List III—Concurrent List
Serial
No.6. Transfer of property other than agricultural land;
registration of deeds and documents.
Part XI.—Relations between the Union and the States.— Arts. 252—254.
254. Inconsistency
between laws made by Parliament and laws made by the Legislatures of States.
(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.
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