Consider the following statements about the Concurrent List in the Indian Constitution: 1) Both the Centre and the States can legislate on subjects in this list. 2) In case of conflict, State law prevails over Central law. Which of the above statements is/are correct?
Only 1
The Concurrent List is List III of the Seventh Schedule of the Constitution.
Statement 1: Under Article 246(2), both Parliament and the Legislature of any State have power to make laws with respect to any of the matters in the Concurrent List (subjects include criminal law, marriage and divorce, education, forests, electricity, etc.). ✓
Statement 2: Under Article 254(1), if a State law on a Concurrent List subject is repugnant to a Central law, the Central law prevails and the State law is void to the extent of the repugnancy. (A State law can prevail only in a narrow exception under Article 254(2), where it has received Presidential assent — but the general rule is the opposite of what statement 2 says.) ✗
Hence only statement 1 is correct.
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