Whose laws prevail if there is conflict between 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 and union?

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.

Whose law prevails if there is a conflict between?

Originally Answered: According to constitution, in case of conflict between central law and state law on a subject listed in concurrent list, the central law prevails over the state.

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.

Three lists of Constitution- Union, State

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.

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 ...

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].

How the conflict between union and state legislature are resolved?

A parliamentary legislation is sufficient to substitute the forum of the Supreme Court to the Tribunal. No amendment to the provisions of the Constitution may be required. This will enable Parliament to change the law, from time to time, as it may deem fit and proper by resorting to its power under article 262.

Can a state law be in conflict with the Constitution?

Federal Preemption

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.

Who has the right to make laws on subjects of State List?

(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution, referred to as the “State List”).

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.

What is doctrine of repugnancy?

The doctrine of repugnancy is basically when two pieces of legislation have a conflict between them and when are applied to the same facts but they produce different outcomes or results.

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.

How are legislative powers divided between Union Government and state government?

Answer : The legislative powers are divided between the Union government and the State governments by the Constitution. They are divided into three lists- Union list, State list and Concurrent List.

Which part of the Indian Constitution explains the legislative relationship between the Union and the states?

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 schedule of the Indian Constitution divide the legislative power between the Union and state?

The Legislative power to make a law for imposing a tax is divided between the union and the states by means of specific entries in the union and state Legislative Lists in the VII Schedule of the Indian Constitution.

Which part of the Constitution of India discusses the financial relations between the Union and the states?

Article 268 to 293 under Part XII deals with the provisions of financial relations between Centre and States.

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 Article 124 A of Indian Constitution?

Article 124 deals with the Establishment and constitution of the Supreme Court. It states that there shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

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.

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.

Under which article of the Constitution of India can the Indian Parliament make laws under the residuary powers?

Article 223, Draft Constitution 1948

(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.