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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legislative Process in India

A State Government issues a notification that contradicts a provision of the Constitution. Which statement best reflects the hierarchy of sources of law in India?

The notification is invalid to the extent it conflicts with the Constitution, because the Constitution is the supreme law of India. All statutes, rules and executive notifications must conform to it, and courts can strike down inconsistent provisions.

  1. AThe notification prevails because it is later and more specific
  2. BThe notification is valid if the Governor approves it
  3. CThe notification is valid because executive orders override constitutional text
  4. DThe notification is invalid to the extent it conflicts with the Constitution, which is the supreme lawCorrect

Explanation

The Constitution is the supreme source of law in India. Any statute, rule or notification inconsistent with it can be declared void by courts to that extent. Being later or specific, or having the Governor's approval, does not cure the conflict.

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