Question

In case of a clash between the laws made by the center and the state on a subject in the Concurrent List, ____________.
(A) the state law prevails
(B) the central law prevails
(C) both laws prevail within their respective
(D) the supreme court has to intervene

Answer 1

Hint:Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail. 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.

Complete answer:
In this short paper, it is proposed, to deal, first, with the general scheme of distribution of legislative powers under the Indian Constitution; next, to state, in brief, the main principles for the explanation of legislative entries; and thereafter, to focus on the different entries in the Concurrent list itself, concentrating on their rationale. It will then be possible to formulate the questions that can arise on the present scheme
In any case, the insertion of any new entrance in a legislative list -whether Concurrent List or any other list – illustrates the legitimacy of the offer, that no draftsman can visualize all possible future contingencies and fully encapsulate them in a supposedly exhaustive linguistic formula.
Further, so far as the Concurrent List is concerned, it is desirable to quote what the Joint Committee on Indian Constitutional Reforms said, about the corresponding list, as contemplated in the proposals that led to the Act of 1935

Hence the correct answer is option ‘B’.

Note: According to the Indian constitution, in case of conflict between central law and state law on a subject listed in the Concurrent List, the central law prevails over the state Both Centre and state can make laws on subjects mentioned in the Concurrent List.