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

A State Legislature and Parliament have both enacted laws on the same subject in the Concurrent List, and the two laws conflict. Under the general rule in the Constitution, which law prevails?

The Central law prevails to the extent of the repugnancy. Under the Constitution, when a State law on a Concurrent List subject conflicts with a Parliamentary law, the State law is void to that extent, unless it received Presidential assent.

  1. AThe State law, since States know local conditions
  2. BThe law passed earlier in time
  3. CThe Central law, to the extent of the repugnancyCorrect
  4. DBoth laws apply equally in that State

Explanation

Under Article 254, where a State law on a Concurrent List subject conflicts with a Parliamentary law, the Parliamentary law prevails and the State law is void to the extent of repugnancy. The exception is where the State law received Presidential assent. The timing of passage is not the test in the general rule.

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