State of W.B. v. Union of India
AIR 1963 SC 1241 · Supreme Court of India
The Indian Constitution is not a true federation of the American type; Parliament may acquire State property for Union purposes under the scheme of legislative lists.
Unit III · Constitutional Law – II
Legislative relations: Articles 245–255
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 245–246 | Extent of laws and subject-matter of Union and State laws |
| Constitution of India | 248–254 | Residuary power, inconsistency between Union and State laws |
| Constitution of India | 249–252 | Parliament's power to legislate on State subjects in special cases |
Landmark cases
Hoechst Pharmaceuticals Ltd. v. State of Bihar
(1983) 4 SCC 45 · Supreme Court of India
Repugnancy under Article 254 arises only where both legislatures are competent and the State law is inconsistent with a law of Parliament in the Concurrent List.