9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad,President of the Constituent Assembly of India - Page 243

210 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

242 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948

Inconsistency 231. (1) If any provision of a law made by the between laws Legislature of a State is repugnant to any provision made by of a law made by Parliament which Parliament is Parliament competent to enact, or to any provision of any and laws existing law regarding a matter with respect to 5 made by the which Parliament has power to make laws, then, Legislatures of subject to the provisions of clause (2) of this article, States. 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 10 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 for the time being Specified in Part I of the First Schedule with respect to one of the matters 15 enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or any existing law with respect to that matter, then the law so made by the Legislature of such State shall, if it has been reserved 20 for the consideration of the President and has received his assent, prevail:

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, 25 amending, varying or repeating the law so made by the Legislature of the State.

Restriction on Legislative Powers

Requirements as 232. No Act of Parliament or of a Legislature to recommenda- of a State for the time being specified in Part I of 30 tions to be the First Schedule and no provision in any such Act regarded as shall be invalid by reason only that some recom- matters of mendation required by this Constitution was not procedure only. given, if assent to that Act was given—

(a) where the recommendation required was that 35 of the Governor, either by the Governor or by the President;

(b) where the recommendation required was that of the President, by the President.