CS Professional · Labour Laws and Practice · Constitution and Labour Laws

A State government plans to enact a law on trade unions and industrial disputes applicable in its territory, while Parliament has already enacted a central law on the same subjects. Under which Schedule and List do these subjects fall, and what is the effect of the repugnancy?

The subjects lie in the Concurrent List of the Seventh Schedule. Under Article 254, a repugnant State law gives way to the central law, unless the State law was reserved for and received the President's assent. So the central law ordinarily prevails over the conflicting State law.

1. ASeventh Schedule, Concurrent List; the central law prevails over a repugnant State law, unless the State law received Presidential assentCorrect
2. BSeventh Schedule, State List; the State law prevails in its territory
3. CSeventh Schedule, Union List; the State has no power to legislate at all
4. DSeventh Schedule, Concurrent List; the State law always prevails in its territory