SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-3

  • question_answer
    In case of conflict between the central and state law on a subject in the concurrent list

    A)  The law which was passed first prevails.

    B)  The law of the state prevails.

    C)  The law of the centre prevails.

    D)  Both laws stand nullified.

    Correct Answer: C

    Solution :

    [c] According to the Indian constitution, in case of conflict between central law and state law on a subject listed in the Concurrent List, the central law prevails over the state. In most of the listed subjects under the concurrent list executive machinery belongs to the state. For example criminal laws. Normal machinery to enforce these is police and courts upto District levels. They are paid by the states that is to say from the consolidated fund of the Gujarat/TN/ Karnataka/ UP/ KL / MH as the case maybe. They are therefore treated as the part of the respective state governments. While police is supervised by the Home Minister the courts are supervised by the respective High court of the state (for guarding the independence of the judiciary). Criminal procedure code is by and large uniform all over the country except for the special provisions allowed by the President. Union government has special machinery like CBI to handle special cases. Preventive detention is also resorted to by various central agencies as provided by their specific special acts.

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