Section 21

Inconsistency between laws made by Parliament and laws made by Legislative Assembly.

The Government of Union Territories Act, 1963

  • Act 20 of 1963
  • Ministry of Home Affairs
  • Department of States
About this Act

An Act to provide for Legislative Assemblies and Councils of Ministers for certain Union territories and for certain other matters.

All sections
    1[21. Inconsistency between laws made by Parliament and laws made by Legislative Assembly.--If any provision of a law made by the Legislative Assembly of 2[the Union territory] with respect to any matter enumerated in the State List in the Seventh Schedule to the Constitution is repugnant to any provision of alaw made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly of the Union territory, or, if any provision of a law made by the Legislative Assembly of 2[the Union territory] with respect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier law, other than a law made by the Legislative Assembly of the Union territory, with respect to that matter, then, in either case, the law made by Parliament, or, as the case may be, such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy, be void:
     Provided that if such law made by the Legislative Assembly of the Union territory has been reserved for the consideration of the President and has received his assent, such law shall prevail in that Union territory:
     Provided further that nothing in this section 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 Legislative Assembly of the Union territory.]

Notes

1. Subs. by Act 29 of 1975, s. 4, for section 21 (w.e.f. 15-8-1975)
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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