Question

Which of the following correctly explains the constitutional consequences when a local law (a Panchayat Act) conflicts with a State law on a subject in the State List?

Q: Answer-Which of the following correctly explains the constitutional consequences when a local law (a Pancha...

Panchayats derive their powers from State legislation enacted under Part IX. Therefore, in case of inconsistency between Panchayat regulations and State law on a State List subject, State law prevails. However, States cannot arbitrarily undermine Panchayats in a manner that defeats the constitutional purpose of decentralization. In State of U.P. v. Pradhan Sangh Kshettra Samiti 1995, the Supreme Court recognized Panchayats as institutions of self-government but clarified that they function within the constitutional framework of State control. Judicial review remains available to prevent abuse.

A Panchayat law prevails automatically as it derives authority from Part IX.

B State law prevails because Panchayats are a creation of the State and their powers are subject to state legislature; however, constitutional protections and devolutions under Part IX may limit arbitrary overruling.

C Union law prevails.

D Conflict is resolved by municipal bodies.

E The Panchayat can appeal directly to the President.

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