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

A State Legislature enacts a law on a Concurrent List subject, and it conflicts with an existing Central law on the same subject. Absent any special presidential assent to the State law, what is the general constitutional position?

The Central law prevails, and the State law is void to the extent of the repugnancy, unless the State law has received the President's assent. This follows from the rule on repugnancy between Central and State laws on Concurrent List subjects. Courts do not rewrite laws to harmonise them.

  1. AThe State law prevails and the Central law becomes void
  2. BBoth laws operate equally in that State
  3. CThe Central law prevails and the State law is void to the extent of repugnancyCorrect
  4. DThe Supreme Court must rewrite both laws to harmonise them

Explanation

Under Article 254, where a State law on a Concurrent subject is repugnant to a Central law, the Central law prevails and the State law is void to the extent of the repugnancy. An exception exists if the State law has received the President's assent. Both cannot operate equally in conflict, and courts do not rewrite statutes.

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