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CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India

A State law on a Concurrent List subject conflicts with an earlier Central law on the same subject. The State law received the President's assent after being reserved for his consideration. What is the position under Article 254?

The State law prevails in that State, because it was reserved for and received the President's assent under Article 254(2). However, Parliament can later legislate on the same matter, even repealing or amending the State law, so the State's priority is not permanent.

  1. AThe State law prevails in that State, though Parliament may later override it by a law on the same matterCorrect
  2. BThe Central law always prevails
  3. CBoth laws are void for repugnancy
  4. DThe State law prevails permanently and Parliament cannot legislate again on the matter

Explanation

Article 254(2) provides that a State law repugnant to an earlier Central law prevails in that State if reserved for and assented to by the President. The proviso lets Parliament later enact a law on the same matter, adding to, amending, varying or repealing the State law. Option 4 ignores this proviso.

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