Whose law prevails if there is conflict between the state government and union government on the subject of Concurrent List?

Similar to federal and state laws, state laws will usually prevail when state and local laws are in conflict.

Whose laws prevail if there is conflict between the state government?

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.

What happens if there is a conflict in the decision of state and central government?

Answer. if there is a conflict arises between state and central government the highest court ( supreme Court) acts as an umpire and helps to resolve conflicts.

Which of the following statements best describes what happens in case of a clash between the laws made by the Centre and state on a subject in the Concurrent List?

Answer: The central law prevails.

When there is a conflict between an act made by the Parliament and a state legislature on the same subject which of the following doctrines shall be applicable?

In the Indian context, if such a conflict arises between a central and a state legislation, then the central law will prevail. This has been stated in Article 254 of the Indian Constitution and has also been further clarified by the Supreme Court in various cases like I.T.C Ltd.

Three lists of Constitution- Union, State

When can state law prevail over central law?

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 ...

Whose laws prevail if there is conflict between the State government and Union Government on the subject of Concurrent List Mcq?

Both Centre and state can make laws on subjects mentioned in the Concurrent list. But in case of conflict between the central and state law in the Concurrent list, the law of the centre prevails.

What is Article 131 of the Indian Constitution?

Article 131 gives both the Governments a forum to fight on legal issues and not on mere political issues. Thus, the order given by the Government of India to the State Governments ordering the Chief Minister to tender advice to the Governor of the State is not a mere political issue but a legal right[21].

What is repugnancy law?

The doctrine of repugnancy, in accordance with 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 Article 254 of the Constitution?

Article 254(1): If any legislation enacted by the state legislature is repugnant to the legislation enacted by the Parliament, then the state legislation will be declared void, and the legislation enacted by the Parliament will prevail over the former.

Who acts as an empire whenever there are disputes between central and states on power sharing?

The Supreme Court acts as an umpire in case of disputes arising between different levels of the government in the exercise of their respective powers of dual objectives. If there is any disputes between the Centre and the State government, Supreme Court plays very important role as middle man to resolve that disputes.

Who rules on cases between states?

The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; ...

What court has the original jurisdiction when there is a conflict dispute between 2 or more states?

Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.

What is judicial law?

1. Judge-made law is an independent source of law in common law systems. 1 To jurists brought up in legal systems which have codified law this is one of the striking features of the common law tradition.

What is Article 142 of the Constitution?

What is Article 142 of the Constitution? In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it.

What is Article 262?

In case of disputes relating to waters, Article 262 provides: Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

What is the Article 143?

Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise.

Under which article of the Indian Constitution is a detailed provision made between Centre and state?

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the State. The Parliament can make laws for the whole or any part of the territory of India.

Which doctrine relates to the interpretation of the legislative conflict between the Union and the states?

The first doctrine is the doctrine of harmonious construction. It states that both the entries should be read in such a manner to reconcile the conflict and avoid overlapping.

What happens in case of conflict between such laws?

But in case of a conflict between the laws passed by the Union and those passed by the state, the Union laws shall prevail. All laws passed by the state legislature are operative within the boundaries of that particular state.

Who can make laws on Concurrent List Upsc?

The power to make laws with respect to residuary, subjects (i.e. the matters which are not enumerated II any of the three lists) is vested in the Parliament.

Can central government make laws on Concurrent List?

Concurrent List: Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List. It includes the matters on which uniformity of legislation throughout the country is desirable but not essential.

When can a state law on a subject in the Concurrent List get precedence over a central law on the same Subjec?

if it had got the President's consent before being introduced as a Bill in the State Legislature.

What ensures that no state law or state Constitution may conflict with any form of national law?

Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law.