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As per provisions of the Constitution of India, which one of the following is correct ?
Explanation
According to Article 246(2) of the Constitution of India, both the Parliament and the State Legislatures have the power to make laws with respect to any of the matters enumerated in List III of the Seventh Schedule, known as the Concurrent List [2]. This creates a common area where both levels of government can operate simultaneously [3]. While both have legislative competence, the Constitution establishes the principle of federal supremacy; in the event of a conflict or repugnancy between a central law and a state law on a concurrent subject, the law made by Parliament generally prevails [5]. There is no constitutional requirement for a law made under the Concurrent List by Parliament to be ratified by half of the State Legislatures, as such ratification is only required for specific constitutional amendments under Article 368 [1].
Sources
- [1] https://www.mea.gov.in/Images/pdf1/Part11.pdf
- [2] https://socialjustice.gov.in/writereaddata/UploadFile/VI.pdf
- [3] https://udrc.lkouniv.ac.in/Content/DepartmentContent/SM_a1c726d6-c938-4ddc-9f91-f16ed69658b6_30.pdf
- [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > CHAP. 24] DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS 377 > p. 377
- [5] Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 6: The Parliamentary System: Legislature and Executive > Union List, State List, and Concurrent List > p. 155