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Tuesday, November 1, 2011

Q. Both the Centre and the States are empowered to legislate upon the matters included in the Concurrent List. Which law shall prevail in case of consistency between the Union law or the State law?

Ans. If a law made by the Legislature of a State is inconsistent with a law enacted by Parliament with respect to the same matter of the Concurrent List, the law made by Parliament shall prevail and the law made by the State Legislature shall be void to the extent of inconsistency. According to Article 254, it is immaterial whether the law of Parliament was made before or after the law of the State Legislature. However, if a law made by the State Legislature receives the assent of the President and it becomes inconsistent with a law of Parliament enacted before the law of State Legislatures the law of State shall prevail. Again, Parliament has the right to enact a law again on the same matter in later date in order to modify the impact of State law.

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