With regard to the executive power relating to the concurrent subject in the 7th schedule consider t...........

Indian Polity Articles and Schedules

With regard to the executive power relating to the concurrent subject in the 7th schedule consider the following statements:

1. A law on concurrent subject is to be ordinarily enacted and executed by the Union.

2. A law to implement any international treaty on concurrent list is enacted by the Parliament but executed by the State.

Which of the statements given above is/are correct?

1 only

2 only

both 1 and 2

Neither 1 nor 2

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Explanation:

Both the statements are incorrect.

If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.

There is an exception to this in cases "where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.