In case of a conflict between Central and State law on a Concurrent List subject, the State law prevails only if:
Show answer & explanation
Correct answer: B
Explanation
Correct Answer:
It has received Presidential assent
Explanation:
Under Article 254 of the Constitution of India, when there is a conflict between a Central law and a State law on a subject in the Concurrent List, the Central law generally prevails. However, a State law can prevail within that State if it has been reserved for the consideration of the President and has received Presidential assent. Nevertheless, Parliament retains the power to override such a State law by enacting another law on the same subject.
Key Points:
• The Concurrent List contains subjects on which both Parliament and State Legislatures can make laws.
• In case of inconsistency, the Central law normally prevails over the State law.
• A State law can prevail if it receives Presidential assent.
• Parliament can subsequently override the State law by passing a new law on the same subject.
Additional Facts:
• Article 254 of the Constitution deals with inconsistency between Central and State laws.
• The Concurrent List is included in the Seventh Schedule of the Constitution.
• Subjects such as education, forests, and marriage fall under the Concurrent List.
Important Questions:
Q1: Which Article deals with conflicts between Central and State laws on Concurrent List subjects?
Ans: Article 254.
Q2: When can a State law prevail over a Central law on a Concurrent List subject?
Ans: When it has received Presidential assent.
Q3: Can Parliament override a State law that has received Presidential assent?
Ans: Yes, Parliament can override it by enacting a subsequent law on the same subject.