Which of the following statements is/are correct? 1) If a State law on a Concurrent List subject is reserved for the President and receives assent, it overrides the existing Union law on the same subject in that state. 2) Parliament can later nullify such a State law by passing another law on the same subject.
- (a)Only 1
- (b)Only 2
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Answer
Why
Correct — C. Both statements restate Article 254(2) and its proviso.
Statement 1: a State law on a Concurrent List matter that clashes with an earlier Union law prevails in that State if it was reserved for the President and received assent. True.
Statement 2: the proviso lets Parliament enact a law on the same matter at any time, including one amending or repealing the State law. True.
Both true → option (c).
Why the others are wrong
- (a)Only 1 — Statement 2 is also true. The proviso to Article 254(2) keeps Parliament free to legislate on the same matter at any time, including repealing the State law.
- (b)Only 2 — Statement 1 is also true. Presidential assent is exactly what lets the State law prevail in that State under Article 254(2). Without it, Article 254(1) makes the Union law prevail.
- (d)Neither 1 nor 2 — Both statements are in the text. Rejecting them applies the general rule of Article 254(1) to a case that clause (2) and its proviso settle separately.
Concept
Article 254 settles clashes between Union and State laws on Concurrent List matters.
The general rule, clause (1): the Union law prevails, whether passed before or after the State law, and the State law is void to the extent of the repugnancy.
The exception, clause (2): a State law reserved for the President and given assent prevails in that State. The proviso keeps Parliament's power to add to, amend, vary or repeal it later.
Key facts
- The Concurrent List is List III of the Seventh Schedule, and Article 246(2) lets both Parliament and State Legislatures make laws on it.
- Under Article 254(1), a Union law prevails over a repugnant State law on a Concurrent matter, and the State law is void to that extent.
- Under Article 254(2), a State law reserved for the President and given assent prevails in that State.
- The proviso to Article 254(2) lets Parliament later add to, amend, vary or repeal that State law.
Study next
Common traps
- Stopping at Article 254(1) and assuming the Union law always wins.
- Treating presidential assent as final, when the proviso lets Parliament override the State law later.
Education's move to the Concurrent List by the 42nd Amendment is asked at 12 Sep 2025, 09:00, GA Q.22 and at 17 Sep 2025, 16:00, GA Q.13. Union–State legislative relations appear at 14 Sep 2025, 12:30, GA Q.15, keyed on directions to States under Article 256.
Related PYQs
No directly related past PYQ was found.