In case of a clash between the laws made by the centre and a state on a subject in the concurrent list:

a)
The state law prevails

b)
Union Government will prevail.

c)
Both the laws prevail within their respective jurisdictions

d)
The Supreme Court has to intervene to decide

Correct answer is option 'B'. Can you explain this answer?

Question

In case of a clash between the laws made by the centre and a state on a subject in the concurrent list:

a)
The state law prevails
b)
Union Government will prevail.
c)
Both the laws prevail within their respective jurisdictions
d)
The Supreme Court has to intervene to decide

Correct answer is option 'B'. Can you explain this answer?

Answer

In India ,central government tends to be more powerful as compared to state government(i.e.holding together federation)  Therefore, in case of clash on making laws on topics of concurrent list union government prevails as being more powerful.So, 'B' is correct.

Answer

Ya option B is correct because central government is more powerful than state government and have more power.

Answer

The correct answer is (b-)
that is- the central law prevails

Answer

Explanation:

In India, the division of powers between the central government and the state governments is clearly defined in the Constitution. The Constitution has three lists - Union List, State List, and Concurrent List, which specify the subjects on which each level of government can make laws.

The Union List consists of subjects on which only the central government can make laws, the State List consists of subjects on which only the state governments can make laws, and the Concurrent List consists of subjects on which both the central and state governments can make laws.

If there is a clash between the laws made by the center and a state on a subject in the concurrent list, the central law prevails. This means that if there is any inconsistency or conflict between the central law and the state law on a concurrent subject, the central law will prevail over the state law.

Reasoning:

1. Supremacy of the Constitution: The Constitution is the supreme law of the land and any law that is inconsistent with it can be declared invalid. In case of a clash between the laws made by the center and a state on a subject in the concurrent list, the Supreme Court has the power to interpret the Constitution and decide which law should prevail.

2. Principle of Federal Supremacy: The principle of federal supremacy ensures that the central government has the ultimate authority in matters of national importance. This means that if there is a conflict between the central law and the state law on a concurrent subject, the central law will prevail.

3. Harmonious Construction: The Constitution also emphasizes the need for harmonious construction of laws made by the center and the states. This means that if it is possible to interpret the central and state laws in a way that avoids conflict and allows both laws to operate within their respective jurisdictions, then both laws can prevail.

However, in case of an irreconcilable conflict between the central and state laws on a concurrent subject, the central law will prevail over the state law.

Conclusion:

In conclusion, if there is a clash between the laws made by the center and a state on a subject in the concurrent list, the central law prevails. This is based on the principles of federal supremacy, the supremacy of the Constitution, and the need for harmonious construction of laws. The Supreme Court has the authority to intervene and decide the matter if there is a dispute regarding the interpretation of the Constitution or the laws.

Similar Class 10 Doubts

In case of a clash between the laws made by the Centre and a State on the subject in the concurrentlist

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