PGLAW 2017 Panjab University Entrance Exam With Answers

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79.

In Case Of Conflict Between The Constitution And State Law In India

A: The State Law Will Prevail
B: The Constitution Will Prevail
C: The Constitution Will Prevail And State Law Will Be Declared Void
D: None Of The Above

The answer is: C

Explanation

In case of a conflict between the Constitution and state law in India, the Constitution will prevail, and the state law will be declared void.

Article 246 of the Indian Constitution provides for a division of powers between the central government and the state governments. The central government has exclusive powers to make laws on subjects specified in the Union List, while the state governments have exclusive powers to make laws on subjects specified in the State List. Both the central and state governments can make laws on subjects specified in the Concurrent List.

However, under Article 254 of the Indian Constitution, in case of a conflict between a law made by the central government and a law made by the state government on a subject specified in the Concurrent List, the law made by the central government will prevail. This is known as the doctrine of repugnancy.

Moreover, under Article 13 of the Indian Constitution, any law made by the central or state government that is inconsistent with or in derogation of the fundamental rights enshrined in the Constitution will be declared void. This means that the Constitution is the supreme law of the land, and any law made by the central or state government that violates the Constitution will be declared unconstitutional and void.

Thus, the correct answer is C: The Constitution will prevail, and state law will be declared void.