Prabeer (B. COM (H) CA & CS Final) (5484 Points)
29 December 2009Note: Please reply with valid reasons.
Query: Are the following laws valid?
(a) A law of Parliament made with respect to a subject enumerated in the State list on which State has made no law;
(b) A law of Parliament on a subject enumerated in the concurrent list on which the State law already exists.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 29 December 2009
Answer: 1
On the subjects mentioned in State list, the state legislature alone can make laws. However in certain exceptional circumstances parliament can make law on the subjects mentioned in state list. These circumstances are:
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 29 December 2009
Answer: 2
Yes. Parliament can make law on a subject enumerated in the concurrent list on which the State law already exists.
REASON
On the subjects mentioned in concurrent list both parliament and state can make laws. But if any conflict arises between the laws made by the above two, then in that case law made by the parliament would prevail. This is a settled principle of Indian constitution.
Best Regards
CAclubindia
