Query on Constitution of India (General & Commercial Laws)

Somebody please reply.

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:

1. If rajya sabha declares by passing a resolution with 2/3 majority that legislation of law, on the subject mentioned in state list, is necessary by parliament in the national interest. (Refer Article 249)

2. In case of proclamation of emergency by president. (Refer Article 250)

3. Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. (Refer Article 252)

4. Parliament can make law on the subjects mentioned in state list when Legislation is for giving effect to international agreements. (Refer Article 253)

5. In case of breakdown of constitutional machinery in the state.  (Refer Article 356)

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

Thanks Ankur sir.