Question

What would happen if a law made by state government on a subject of the Concurrent List is inconsistent with the law made by the centre on the same subject ?

Answer 1

In such a case the Central Law prevails.

• The Concurrent List should take precedence over the State List if there is a civil dispute.
• Federal law will take precedence if there is a fundamental disagreement between federal law and a state law on a specific topic included in the Concurrent List.
• The applicable provision is prominently mentioned in Article 254.
• It is also known as the official doctrine of repugnancy.
• Any recent addition to a legislative list, whether it be the Concurrent List or another list proves validity.
• The determining validity is the compelling argument that no chief draughtsman is capable of foreseeing every possible eventuality.
• Further, it can not entirely encapsulate them in a purportedly exhaustive linguistic formula.

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