The State Law on a concurrent subject can have precedence over the Union Law if ........

Indian Polity (Easy) Centre - State Relations

The State Law on a concurrent subject can have precedence over the Union Law if:

It was passed earlier

The Supreme Court of India so declares

The Bill was reserved for the President’s assent and the same was accorded assent before the enactment of law on the same subject by the Parliament

None of the above.

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Explanation:

The Concurrent List gives power to the two legislatures, Union as well as State, to legislate on the same subject. In case of conflict or inconsistency, the rule of repugnancy, as contained in Article 254 comes into play to uphold the principle of Union’s supremacy.
Under this rule, if there is any discrepancy between the State and the Centre over a subject in the Concurrent List, the Union law takes precedence over the State’s law, and the State’s law to the extent of such repugnancy, be void.
But, as an exception, if the State law has been reserved for the consideration of the President and has received his assent, then the State law prevails in that State. But, the Parliament remains competent to override such a law by subsequently making a law on the same matter. Hence option 3rd is correct.

By: Parvesh Mehta

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Anshit bansal

please coorect me if i am wrong : if parliament makes a law then irrespective of consent earlier given to state by the president it has to be again sent to the President.