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A State amends a Central labour law falling in the Concurrent List, and the amendment conflicts with the Central Act. The State Bill was reserved for the President and received his assent. What is the legal position under Article 254?

The State amendment prevails within that State because it was reserved for and received Presidential assent under Article 254(2). However, Parliament may later override it by enacting a law on the same matter. It is neither void nor permanently immune.

  1. AThe State amendment is void because Parliament's law always prevails
  2. BThe State amendment prevails in that State, but Parliament may later override it by making a law on the same matterCorrect
  3. CThe State amendment prevails permanently and Parliament cannot legislate again
  4. DThe State amendment and Central Act both apply together at the employer's choice

Explanation

Under Article 254(2), a State law repugnant to an earlier Central law on a Concurrent List matter prevails in that State if reserved for and assented to by the President. The proviso lets Parliament later enact a law adding to, amending, varying or repealing the State law. So 'always void' and 'permanent' are both wrong.

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