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CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

A State Legislature passes an Act on a subject that lies exclusively in the Union List of the Constitution. A trader challenges it. What is the most likely outcome?

The Act is void to that extent because the State Legislature lacks competence over Union List subjects. Being primary legislation does not make an Act valid by itself; the legislature must have power over the subject, and the Governor's assent or Cabinet approval cannot cure that defect.

  1. AThe Act is valid because State Acts are primary legislation
  2. BThe Act is valid if the Governor has given assent
  3. CThe Act is valid if it is later approved by the State Cabinet
  4. DThe Act is void to that extent because the State lacked legislative competence on that subjectCorrect

Explanation

Primary legislation is valid only if the legislature has competence over the subject under the Seventh Schedule. Union List subjects are for Parliament alone. A State Act on such a subject is invalid despite the Governor's assent or Cabinet approval, since these cannot cure the lack of competence.

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