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Difficulty: MediumFederal System of Government

In a constitutional federation where both the central legislature and state assemblies hold concurrent authority to enact laws on technical education, a central statute directly conflicts with a newly enacted state law on the same subject. Which of the following constitutional principles determines the legal status of both laws?

  1. The central statute prevails, rendering the state law void to the extent of its inconsistency.Answer
  2. B
    The state law automatically overrides the central statute because federating units retain ultimate legal sovereignty.
  3. C
    The central government possesses the constitutional authority to unilaterally dissolve the state legislature for passing a conflicting statute.
  4. D
    Both laws become invalid until a national referendum is convened to determine political sovereign approval.

Answer

The central statute prevails, rendering the state law void to the extent of its inconsistency.
In a federal system of government, matters on the Concurrent Legislative List are open to legislation by both the central government and the regional or state governments. However, to prevent legislative paralysis and maintain constitutional harmony, the constitution provides the doctrine of inconsistency. Under this doctrine, when a valid federal law and a valid state law conflict on a concurrent matter, the central law prevails, and the state law becomes void to the extent of the inconsistency.

Step-by-Step Solution

1
Identify the legislative domain involved
Technical education is specified as a matter on the Concurrent Legislative List, meaning both central and state legislatures have authority to pass legislation.
Establishing jurisdiction determines which constitutional rule applies when conflict occurs.
2
Apply the rule governing conflicts on concurrent matters in a federal system
Under federal principles, the doctrine of inconsistency mandates that when a validly enacted federal law conflicts with a validly enacted state law on a concurrent subject, the federal law takes precedence.
Federal supremacy ensures national uniformity and prevents legal deadlock across component units.
3
Determine the exact legal effect on the state law
The state law is not completely erased or permanently destroyed, but it remains void and inactive to the extent of its inconsistency with the federal statute.
If the federal law is repealed in the future, the consistent parts of the state law may become operable again.

Key Concept

Doctrine of Inconsistency in Federal Legislative Lists
Estimated Time:1m 0s
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Topics

Federal System of Government

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