Question

Consider the following statements:

1. The Concurrent List allows both Centre and States to legislate.

2. In case of conflict, State law prevails over Union law.

Which of the above is/are correct?

• A. Only 1
• B. Only 2
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

A. Only 1

Three Lists of Legislative Powers

• Seventh Schedule: The Constitution of India divides legislative powers between the Union and the States under the Seventh Schedule, which contains three lists: Union List, State List, and Concurrent List.
• Concurrent List (List III): Both the Parliament (Centre) and State Legislatures have the power to make laws on the subjects listed in the Concurrent List. Currently, there are 52 subjects in the Concurrent List (originally 47).

Doctrine of Repugnancy & Supremacy of Union Law

• Article 254: Deals with the mechanism to resolve conflicts (repugnancy) between Union and State laws regarding subjects in the Concurrent List.
• General Rule: In case of a conflict or inconsistency between a Central law and a State law on a Concurrent List item, the Union law prevails and the State law becomes void to the extent of repugnancy. Thus, State law does not prevail over Union law.
• Exception (Article 254(2)): If a State law contains provisions conflicting with an earlier Union law on a Concurrent subject, it can prevail in that State only if it was reserved for the President's consideration and received Presidential assent. Even then, Parliament retains the power to enact a new law overriding the State law.