Q. Consider the following statements:
1.In case of conflict between a central law and a state law on matters in the Concurrent List, the Central law prevails unless the State law has received Presidential assent.
2.Delegated legislation made by central authorities cannot override state plenary laws.
Which of the statement(s) given above is/are correct?
Explanations –
Statements 1 and 2 are correct. Article 254(1) of the Constitution states that if there is a conflict between a central law and a state law on a subject in the Concurrent List, the central law will prevail, and the conflicting part of the state law will be void. However, under Article 254(2), if the State law has been reserved for the President’s consideration and receives Presidential assent, it will prevail within that State, even if it conflicts with the central law. Delegated legislation (such as rules, regulations, or notifications) is subordinate to plenary legislation (laws passed by legislatures). It must conform to the parent Act under which it is made and cannot override plenary laws enacted by State legislatures. Subordinate legislation does not have the same authority as parliamentary or state laws and cannot override them unless explicitly permitted by the parent Act or through constitutional provisions.
Source: The Hindu
