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Q.

If there is a conflict between a state's and the central government's laws on a topic in the Concurrent List, then which of the following happens?


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a

The state law prevails

b

The central law prevails

c

Both laws prevail within their respective jurisdictions

d

The Supreme Court has to intervene to decide  

answer is B.

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Detailed Solution

If there is a conflict between a state's and the central government's laws on a topic in the Concurrent List, the central law will prevail. According to the Constitution of India, the division of power between the centre and the state is mentioned in the Union List, State List and Concurrent List. The Concurrent List comprises the subjects that are of equal importance to both the union and the state governments. The union and the state government can thus make laws on such topics. However, in case of any dispute or conflicting law, the authority of the union or the central government prevails. The subjects in the Concurrent List include education, marriage, adoption, succession, trade unions, forests etc.
 
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If there is a conflict between a state's and the central government's laws on a topic in the Concurrent List, then which of the following happens?