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The Central law prevails over the state law-
1. In case of a conflict between the central and state law on a subject enumerated in the Concurrent List.
2. If a state law fails to get the President’s assent.
3. In case the subject of law overlaps between the Union List and the Concurrent List.
Which of the statements given above is/are correct?
2 only
1 and 3 only
1 and 2 only
1, 2 and 3
All the statements are correct.
Articles 245–255 talks about the Distribution of Legislative Powers.
In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law. But, 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, it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter.
The Constitution expressly secure the predominance of the Union List over the State List and the Concurrent List, and that of the Concurrent List over the State List. Thus, in case of overlapping between the Union List and the State
List, the former should prevail. In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail. Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.
Note:-
The Government of India (GoI) Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent. The present Constitution follows the scheme of this act but with one difference, that is, under this act, the residuary powers were given neither to the federal legislature nor to the provincial legislature but to the governor-general of India. In this respect, India follows the Canadian precedent.
By: Vishal ProfileResourcesReport error
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