Read the below statements related to concurrent List laws:
1. Union law overrides state law in conflict.
2. State law can prevail if reserved and assented by President.
Which is / are correct?
Show answer & explanation
Correct answer: C
Explanation
Answer: Both 1 and 2
Explanation
In the Indian Federal structure, the Concurrent List (List III) of the Seventh Schedule allows both the Parliament (Centre) and the State Legislatures to make laws on the same subjects. However, to avoid legal chaos, Article 254 provides a mechanism for resolving conflicts (Repugnancy):
General Rule (Statement 1): If a State law and a Central law on a Concurrent subject conflict with each other, the Central law (Union law) prevails, and the State law becomes void to the extent of the conflict. This establishes the "Federal Supremacy."
The Exception (Statement 2): There is one specific way a State law can override a Central law on a Concurrent subject. If the State law is reserved by the Governor for the President's consideration and receives the President's Assent, then that State law will prevail in that specific state, even if it contradicts an existing Central law.
Key Facts for Exams
Constitutional Article: Article 254 specifically deals with the inconsistency between laws made by Parliament and laws made by the Legislatures of States.
The Power of Assent: The President's assent under Article 254(2) acts as a "shield" for State laws against Central laws on the same subject.
Parliament's Counter-Power: Even after a State law prevails via Presidential assent, the Parliament is not barred from making a fresh law on the same subject later to override that State law again.
Exam-Related Practice Questions
Q: Can the Parliament enact a new law to override a State law that has already received Presidential assent under Article 254(2)?
Answer: Yes, Parliament has the power to add to, amend, vary, or repeal such a law at any time.
Q: What happens to the State law if it is "Repugnant" (in conflict) with a Union law and has NOT received Presidential assent?
Answer: It becomes void or inoperative to the extent of its inconsistency with the Union law.