SSC Selection Post 2025 PYQ — Question 11

Correct Answer

Union law

Explanation

According to Article 254 of the Indian Constitution, if there is a repugnancy or conflict between a law enacted by the Parliament (Union law) and a law enacted by a State Legislature on a subject enumerated in the Concurrent List, the law passed by the Parliament shall prevail. This ensures uniformity and consistency in legislation across the country on matters of national importance that fall under the Concurrent List. However, if the State law has received the President's assent, it may prevail over the Union law in that specific State.

Key Points

The Concurrent List includes subjects like education, criminal law, and forest conservation where both the Union and the States have the power to legislate. By establishing the supremacy of Union law in the event of a conflict, the Constitution creates a "quasi-federal" structure that prevents legislative paralysis and maintains the integrity of national policy. The provision regarding Presidential assent acts as a specific exception to protect the interests of States in exceptional circumstances.

Important Questions and Answers

Question: What happens if a State law on a Concurrent List subject receives the President's assent despite being in conflict with an existing Union law?

Answer: In such a case, the State law prevails within that specific State, overriding the Union law, provided it is not later amended or repealed by Parliament.

Question: Can Parliament repeal a State law that was given Presidential assent?

Answer: Yes, Parliament retains the power to enact legislation at any time to add, amend, or repeal the law, including the authority to override the State law that had previously received the President's assent.