What happens in case of a clash between the laws made by the central and the state on a subject in the concurrent list?
Asked by: Ms. Otha Will | Last update: August 9, 2022Score: 4.6/5 (67 votes)
In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law.
Which of the following statement best describes what happens in case of a clash between the laws made by the Centre and state on a subject in the Concurrent List?
Answer: The central law prevails.
Whose laws prevail if there is conflict?
If there is a conflict between the Union parliament and the Stae Legislature on any law in the Concurrent List, the Union Law will prevail.
What is Concurrent List?
The concurrent list consists of subjects of common interest to both the Union and the States. Both the Parliament and the State Legislatures can make laws on the subjects included in this list.
Who can make laws on Concurrent List?
(2) Notwithstanding anything in clause (3), Parliament, and subject to clause (1), the Legislature of any State also, shall have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution, referred to as the “Concurrent List”).
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What is Concurrent List class 10th?
The Concurrent List consists of subjects of common interest to both the Union along with the States. These contain education, forest, trade unions, marriage, adoption, and lastly succession. Both, the Central as well as the state governments are eligible to make laws in the Concurrent List.
What will happen if there is a clash between a central and a state law?
In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law.
What happens when there is a conflict between a central law and state law?
Both Centre and state can make laws on subjects mentioned in the Concurrent list. But in case of conflict between the central and state law in the Concurrent list, the law of the centre prevails.
What happen if there is conflict in the decision of state and central government?
Answer. if there is a conflict arises between state and central government the highest court ( supreme Court) acts as an umpire and helps to resolve conflicts.
When there is a conflict between the laws of the central and state government then only the law made by the is valid?
In the Indian context, if such a conflict arises between a central and a state legislation, then the central law will prevail. This has been stated in Article 254 of the Indian Constitution and has also been further clarified by the Supreme Court in various cases like I.T.C Ltd.
Why are powers distributed between the central and the state government?
The Central Government alone can make decisions on these matters. (ii) State List: It consists subjects of state and local importance such as police, trade, commerce, agriculture and irrigation. The State Governments alone can make laws and decisions on these areas.
What do the state and Central Government do to implement the Constitution?
do to implement the constitution? The Central and state governments function according to the Constitution in exercising their respective legislative and executive powers. These include the procedure for formulation of various laws, and their implementation.
How was the conflict between central and state government was resolved Class 8?
Answer. If there is a conflict between the central government and state government, The Supreme Court, according to Forty-second Amendment Act, 1976, has given the exclusive jurisdiction in controversies concerning the distribution of legislative powers.
What is the example of dispute between Centre and the State?
The most contemporary example of the centre-state dispute is the Disaster Management Act, 2005, which was invoked in light of the COVID-19 pandemic. The Act causes discontent among states as the Central guidelines are binding on them, even though public health is a state matter on which the Parliament cannot legislate.
What is the dispute between Centre and state?
The dispute between the State governments and Centre can be taken as a recent example. The Central government wanted to introduce a single tax regime by amalgamating multiple taxes at various stages. States , on the other hand, were concerned about the loss of revenue due to GST.
How the conflict between union and state legislature are resolved?
A parliamentary legislation is sufficient to substitute the forum of the Supreme Court to the Tribunal. No amendment to the provisions of the Constitution may be required. This will enable Parliament to change the law, from time to time, as it may deem fit and proper by resorting to its power under article 262.
Who settles the disputes between Centre and state?
The Supreme court acts as an umpire in case of disputes arising between different levels of the government in the exercise of their respective powers of dual objectives. If there is any disputes between the Centre and the State government, Supreme Court plays very important role as middle man to resolve that disputes.
What happens if either the Parliament or a Sstate legislature passes any law that is against the Constitution your answer?
The Supreme Court has the power to review laws passed by the Union or State legislatures. If either the Parliament or a State Legislature passes any law that is against the Constitution, the Supreme Court can declare the law 'ultra vires' or null and void. This power is referred to as the power of judicial review.
When there is a conflict between an act made by the Parliament and a state legislature on the same subject which of the following doctrines shall be applicable?
Meaning of doctrine of repugnancy
` Article 245 empowers the Parliament to make laws for the whole or any part of India and the State legislature to make laws for the whole or any part of the State. It also states that a law made by the Parliament shall not be deemed invalid due to its extraterritorial application.
What happens if a state government refuses to follow a law passed by the national government?
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
What is called if the law is against the spirit of the Constitution so it is declared unconstitutional?
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional.
What is Concurrent List class 8th?
Concurrent List - The Concurrent List contains subjects of common interest to both the Union as well as the States. These include education, forest, trade unions, marriage, adoption and succession. The law relating to these subjects can be made by both the Central and the State Governments.
What is union state and Concurrent List Class 10?
Answer: Concurrent List – Forests, Education, Marriages. State List – Trade, Agriculture, Police. Union List – Defence, Communications, Banking.
How do the central and state government enjoy the power in Federal System Class 10?
Both levels of government enjoy their powers on exclusive subjects. While the federal government mostly enjoy its powers over the subjects of national importance, the state government over subjects of local importance. Some powers are shared by them, which are called concurrent powers.
When there is a dispute between two or more states the case can be heard in the Supreme Court under which jurisdiction?
The correct answer is Original Jurisdiction. The dispute between two states can be resolved by the Supreme Court of India under its Original Jurisdiction. A court's original jurisdiction applies to a matter on which it first concerns the specific court.