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CSEET · Business Laws and Management · Introduction to Law

Consider the statements. I: Under the Constitution of India, the power to make laws on subjects in the Concurrent List is shared by Parliament and State Legislatures. II: On a concurrent subject, if a State law conflicts with a valid Union law, the Union law generally prevails. Which is correct?

Both statements are correct. Parliament and State Legislatures can both make laws on Concurrent List subjects, and where a State law is repugnant to a valid Union law on such a subject, the Union law generally prevails to the extent of the conflict.

  1. AOnly I is correct
  2. BOnly II is correct
  3. CBoth I and II are correctCorrect
  4. DNeither I nor II is correct

Explanation

Both Parliament and State Legislatures can legislate on Concurrent List subjects. In case of repugnancy between a Union and State law on such a subject, the Union law prevails to the extent of the repugnancy, subject to the proviso on Presidential assent for the State law. So both statements are correct.

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