Q. A State law made upon the subjects mentioned in the Concurrent list shall prevail over Union laws under which of the following circumstances?
1. If law made by the State legislature reserved for the consideration of the President and received his/her assent.
2. If the law made by the State legislature aims to give effect to the provisions of fundamental rights.
3. If the Supreme court of India directed states to make laws on the subject enumerated in the concurrent list.
Select the correct answer using the code given below:
Exp) Option a is the correct answer .
Statement 1 is correct: The laws made by the State legislative assembly may prevail over laws made by the Parliament if such laws were reserved for the consideration of the President and received the president’s assent. However, it would still be competent for Parliament to override such State law by subsequent legislation.
Statement 2 is incorrect: There is no such exemption given to the state legislative assembly in matters related to concurrent list. If there is conflict over centre and state laws regarding matters enumerated in the concurrent list, then centre law shall prevail generally.
Statement 3 is incorrect: There is no such exceptional condition for the state laws to prevail over union law in case of inconsistency between them with respect to concurrent list.
