In case of a conflict between the Central law and the state law on a ...
Conflict between Central Law and State Law on Concurrent List Subjects
Central and state laws can sometimes come into conflict, particularly in areas that fall under the Concurrent List. In such cases, it is important to determine which law takes precedence.
Possible Scenarios:
1. Central law prevails over the state law:
If there is a conflict between central law and state law on a subject enumerated in the Concurrent List, the central law will take precedence over the state law.
2. State law prevails if it has received Presidential assent:
If a state law on a Concurrent List subject has received Presidential assent, it will prevail over the central law.
3. State law prevails if Governors of two or more states have approved the same legislation:
If a state law on a Concurrent List subject has been approved by the Governors of two or more states, it will prevail over the central law.
Correct Answer: Option A (1 and 2 only)
Explanation:
As per the Constitution of India, in case of a conflict between Central law and State law on a subject enumerated in the Concurrent List, the Central law shall prevail over the State law. This is because the Concurrent List subjects are areas where both the Central and State governments have the power to legislate.
However, if the State law on a Concurrent List subject has received Presidential assent, it will prevail over the Central law. This is because the President of India, who is the head of the state, has given his/her assent to the State law, indicating that it is in the interest of the nation as a whole.
On the other hand, if a State law on a Concurrent List subject has been approved by the Governors of two or more states, it will prevail over the Central law. This is because the Governors, who are representatives of the President in the states, have approved the legislation, indicating that it is in the interest of the respective states.
Hence, the correct answer is Option A (1 and 2 only).
In case of a conflict between the Central law and the state law on a ...
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