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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 subject in the Concurrent List. Parliament had earlier enacted a law on the same subject, and the two laws conflict. In the absence of any special presidential assent to the State law, what is the general constitutional position?

The Central law prevails, and the conflicting State law is void to the extent of the repugnancy. This is the general rule for Concurrent List subjects when the State law has not received Presidential assent. A State law does not override Parliament's law merely because it addresses local needs.

  1. AThe State law prevails because States know local needs better
  2. BBoth laws apply equally in that State
  3. CThe Central law prevails and the repugnant State law is void to the extent of the repugnancyCorrect
  4. DThe Supreme Court must first approve the Central law before it applies

Explanation

For Concurrent List subjects, Article 254 provides that when a State law conflicts with an earlier Parliamentary law, the Central law prevails. The State law is void to the extent of repugnancy. An exception exists where the State law received Presidential assent, which is excluded here.

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