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    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?
    A Panchayat law prevails automatically as it derives authority from Part IX. Correct Answer Incorrect Answer
    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. Correct Answer Incorrect Answer
    C Union law prevails. Correct Answer Incorrect Answer
    D Conflict is resolved by municipal bodies. Correct Answer Incorrect Answer
    E The Panchayat can appeal directly to the President. Correct Answer Incorrect Answer

    Solution

    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.

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