Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but 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 has under either of the said articles power to make, 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, but so long only as the law made by Parliament continues to have effect, be inoperative.

Debate Summary

Article 228, Draft Constitution, 1948

Nothing in articles 226 and 227 of this Constitution shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but 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 has under either of the said articles power to make, 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, but so long only as the law made by Parliament continues to have effect, be inoperative.

 

Draft Article 228 (Article 251, Constitution of India, 1950) was debated on 13 June 1949. It provided that the State Legislature will have the power to make laws in accordance with the Constitution of India during an Emergency, however if there is a conflict between a law made by the Parliament and the law made by the State Legislature the former will prevail until it ceases to exist. There was no substantive debate on this Article.

 

Draft Article 228 was adopted on 13th June,1949.