Question

What happens in a conflict between State Law and Central Law?

• A. Central law prevails
• B. State law prevails
• C. Both laws exist
• D. No law is applicable

Hint:

In a federal system, when there is a conflict between state and central laws, the central law prevails, especially if it falls within the scope of the Union List.

Answer 1

The Correct Option is A

In the case of a conflict between State Law and Central Law, the Central Law prevails as per the doctrine of federal supremacy established in the Indian Constitution.

Answer 2

In the event of a conflict between State Law and Central Law in India, the principle of Central Law prevails applies. This means that the law enacted by the Parliament (Central Government) will override or take precedence over any inconsistent law made by the State Legislature.

Constitutional Basis:
This principle is enshrined in Article 254 of the Indian Constitution, which states:
- If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, then the law made by Parliament shall prevail.
- However, if the State law has received the assent of the President, the State law may prevail in that State despite the inconsistency.

Exceptions and Clarifications:
- Central laws are generally superior when both Parliament and State legislatures legislate on concurrent subjects.
- If the President grants assent to the State law, it can prevail within that State.
- Laws enacted by Parliament under subjects exclusive to the Union List override conflicting State laws.

Practical Implication:
This mechanism ensures uniformity and coherence in laws applicable across the country, especially in areas of concurrent jurisdiction.

Conclusion:
In case of conflict between State Law and Central Law, Central Law prevails as per Article 254 of the Indian Constitution.