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CS Executive · Setting Up of Business, Industrial and Labour Laws · Constitution and Labour Laws

A State amends a central labour law on a Concurrent List subject, and the amendment conflicts with the central Act. The State Bill was reserved for the President and received his assent. Under Article 254, what is the effect within that State?

A State law on a Concurrent List subject that conflicts with an earlier central law prevails in that State if it was reserved for and assented to by the President. Parliament may later override it by passing its own law on the matter.

  1. AThe State law prevails in that State, though Parliament may later override it by legislationCorrect
  2. BThe central law prevails and the State law is void
  3. CBoth laws operate together with the employer choosing which to follow
  4. DThe State law is valid only for one year

Explanation

Under Article 254(2), a State law repugnant to an earlier central law on a Concurrent List subject prevails in that State if it was reserved for the President and received assent. Parliament can still enact a law on the same matter later, adding, amending, varying or repealing the State law. So the central law does not automatically prevail here.

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