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Article 254(2) provides that where a state law with respect to a matter in the Concurrent List contains any provision repugnant to the provisions of a previous central law, with respect to that matter :

  • A.The state law will prevail without the assent of the President
  • B.The state law prevails if having been reserved for the consideration of President and has received his assent
  • C.The state law will not prevail
  • D.Both the laws will not prevail

Answer: B

Under Article 254(2), the state law prevails if it has been reserved for the President's consideration and has received his assent.

The general rule in Article 254(1) is that a central law prevails over a repugnant state law on a Concurrent List matter. Clause (2) creates an exception: if the state law was reserved for the President and received his assent, it prevails in that state. Parliament can still later amend or repeal it by a fresh law.

So the state law does not prevail without assent (A), it can prevail (C is wrong), and the question is which law prevails, not that neither does (D).

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