Question

Choose the correct option based on the statements below:
1. In case of overlapping between three lists under Constitution regarding a matter, the predominance is given to the Union Law.
2. Power to legislate with respect to any matter not enumerated in any three lists is given to both Union and States.

• A. Only (1) is true
• B. Only (2) is true
• C. Both (1) and (2) are true
• D. Both (1) and (2) are false

Hint:

Concurrent List → Union law prevails on conflict.
Residuary powers → Parliament only, under Article 248.

Answer 1

The Correct Option is A

Step 1: Analyze Statement 1
The Indian Constitution provides three lists in the Seventh Schedule:
- Union List (List I),
- State List (List II),
- Concurrent List (List III).
If there is a conflict between laws made by Parliament and State legislature on a Concurrent List subject, the Union law prevails (Article 254).
So, predominance of Union law is constitutionally valid. Hence, Statement 1 is true.
Step 2: Analyze Statement 2
Matters not mentioned in any of the three lists are called residuary subjects.
Article 248 of the Constitution gives the Parliament (Union) exclusive power to make laws on residuary matters.
States have no power here. Hence, Statement 2 is false.