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
. 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.
Can Centre make laws on Concurrent List?
(2) Notwithstanding anything in clause (3), Parliament, and subject to clause (1),
the Legislature of any State
also, shall have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution, referred to as the “Concurrent List”).
What happens when there is a conflict between Union law and state law over a subject in the Concurrent List?
However, if the conflict is unavoidable,
and the two enactments are irreconcilable, then by the force of the non obstante clause in clause
(1) of Article 246, the parliamentary legislation would prevail notwithstanding the exclusive power of the State Legislature to make a law with respect to a matter enumerated in the …
Can State make laws on union list?
Thus Article 246 provides that
the Parliament has exclusive power to make
laws with respect to Union List; the State legislature for the State List; and, the Parliament and State legislature, both, for the Concurrent List.
What happens when there is a clash between the state and union law?
Answer: If there is a conflict between the Union parliament and the Stae Legislature on any law in the Concurrent List,
the Union Law will prevail
.
Who will resolve the disputes between State and central Government?
Article 131of the Indian Constitution-
But when there is a dispute which arises between the States of India or between the StateGovernment and the Union Government then it is the jurisdiction of
the Supreme Court
under Article 131 of the Constitution that gives it the power to resolve these kinds of disputes.
Which of the following is not included in state list?
Option
D- Railways
is the only subject that does not come under the state list among the options. It comes under the Union list. Therefore “D” is the correct answer.
Which is not included in Concurrent List?
Criminal law
, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the …
Which list is given in 7th schedule?
The Seventh Schedule to the Constitution of India defines and specifies allocation of powers and functions between Union & States. It contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List.
What are the examples of Concurrent List?
The Concurrent List consists of subjects of common interest to both the Union along with the States. These contain
education, forest, trade unions, marriage, adoption, and lastly succession
. Both, the Central as well as the state governments are eligible to make laws in the Concurrent List.
What happens when there is a conflict between a central law and state law Upsc?
The doctrine of repugnancy, in accordance to Article 254, states that if any part of State law is repugnant or conflicting to any part of a Central law which the Parliament is competent to enact, or to any part of a law of the matter of List III,
then the Central law made by the Parliament shall prevail and the law
…
What is the Article 255?
The Draft Article stated that
no law will be invalid only
because certain procedural requirements under the Constitution weren’t fulfilled. It gave alternatives to fulfil such procedural sanctions. … Article 255 was further amended by the Constitution (Seventh Amendment) Act, 1956.
How many subjects are in a Concurrent List?
This list has at present
52 subjects
(originally 47) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare,economic and social planning, drugs, newspapers, books and printing press, and others.
Which subjects are mentioned in the State List?
The main subjects of the State List are:
public order, police, state court fees, prisons, local government, public health and sanitation, hospitals and dispensaries, pilgrimages within India
, intoxicating liquors, relief of disabled and unemployable, libraries, communications, agriculture, animal husbandry, water …
What is the Article 256?
Article 256, states that ‘
Every State shall utilize its executive powers in conformity with the laws made by the Parliament and with all the pre-existing laws prevailing in the State
, and it further mentions that, the Union may exercise its executive power to give directions to the State as and when the Government of …
Which of the following is not a subject of the union list?
Law and Order
do not come under the subject of the Union List.
