| If an act passed by both the Union and State Legislature is on the same item in the Concurrent List, then under which of the following circumstances will the state law prevail? |
| 1. If the union made the law before the state. |
| 2. If it was in the national interest according to a resolution of Rajya Sabha. |
| 3. If the President gave permission to the State Legislature to make law on that item with caveat that the law would be applicable only under special circumstances. |
| Select the correct answer using the codes given below. |
A) Only 1
B) Only 2
C) 2 and 3
D) None of these
Correct Answer: A
Solution :
[a] Usually, when both Union and State Legislature make a law on an item in the Concurrent List, the union law prevails. However, under certain special circumstances, the law made by the State Legislature may prevail. If the union made the law on an item before the State Legislature, then that would mean that the State Bill to have become an act would have required the assent from the President and under this circumstance, the state law would thus prevail. Thus, Statement 1 is correct. Statement 2 is incorrect, as there is no such provision in the Constitution and the reference is to a related provision, which enables the union to make laws on an item in the State List. Statement 3 is also incorrect as when the President permits the State Legislature to make a law on an item on the Concurrent List, when a law on such an item already exists by the union, then such a permission is complete and not without any condition. Thus, the right answer is [a].
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