When there is a disagreement between Union and State laws on a matter listed in the Concurrent List, which law takes precedence?
Show answer & explanation
Correct answer: D
Explanation
Correct Answer
Union Law
Explanation
The Concurrent List (List III) of the Seventh Schedule to the Constitution of India contains subjects on which both the Parliament (Union) and the State Legislatures have the power to make laws. However, to handle situations where a central law and a state law conflict on the same concurrent subject, Article 254 of the Indian Constitution outlines the principle of federal supremacy. According to Article 254(1), if there is any inconsistency or repugnancy between a law made by Parliament and a law made by a State Legislature on a matter listed in the Concurrent List, the Union law takes precedence, and the State law becomes void to the extent of the repugnancy.
There is an important constitutional exception to this rule under Article 254(2). If a state-made law contains provisions that conflict with an earlier Union law on a concurrent subject, the state law can still prevail within that specific state if it has been reserved for the consideration of the President of India and has received the President's assent. The other options provided represent different constitutional bodies or mechanisms but do not define the standard baseline rule of legislative precedence under normal circumstances.
Key Points
Article 254 of the Indian Constitution establishes the clear framework for resolving legislative conflicts regarding subjects placed under the Concurrent List.
Under normal circumstances, the Union Law automatically overrides State Law whenever an irreconcilable conflict arises between the two on a shared subject matter.
The ultimate legal authority to interpret whether an actual repugnancy exists between a Union law and a State law rests with the Judiciary (the Supreme Court and High Courts).
Additional Facts
The Concurrent List includes crucial subjects of shared national interest where uniformity is desirable but local variations are necessary, such as education, forests, marriage, adoption, and criminal law. The concept of a Concurrent List in the Indian framework was heavily borrowed from the constitutional model of Australia.
Important Questions and Answers
Question: Under what specific exception can a state law on a Concurrent List subject prevail over a conflicting Union law within that state?
Answer: A state law can prevail over a conflicting Union law within that specific state only if the bill was reserved for the President's consideration and successfully received the President's assent under Article 254(2).
Question: From which country's constitution did the framers of the Indian Constitution borrow the structural concept of the Concurrent List?
Answer: The concept of the Concurrent List in the Indian Constitution was borrowed from the Constitution of Australia.