The correct option is 1 and 2 only.
Explanation
The Constitution of India provides for a three-fold distribution of legislative subjects between the Union and the States under the Seventh Schedule (Article 246). The Concurrent List (List III) enumerates matters on which both the Parliament and State Legislatures have the competence to legislate.
- Statement 1 is Correct: Under Article 246(2), both the Parliament and the Legislature of any State have the power to make laws with respect to any of the matters enumerated in List III (Concurrent List). This ensures uniformity in legislation while allowing for state-specific modifications.
- Statement 2 is Correct: The Concurrent List includes subjects of common interest to both the Union and the States. Education was originally in the State List but was transferred to the Concurrent List by the 42nd Amendment Act of 1976 (Entry 25). Transfer of Property other than agricultural land is explicitly mentioned under Entry 6 of the Concurrent List.
- Statement 3 is Incorrect: According to Article 254(1), in case of a conflict (repugnancy) between a Central law and a State law on a Concurrent List subject, the Central law prevails, regardless of whether it was passed before or after the State law. The State law prevails only if it has been reserved for the consideration of the President and has received his assent (Article 254(2)). Even in this case, Parliament retains the power to enact a law adding to, amending, varying, or repealing the law so made by the State Legislature. Therefore, the State law does not "always" prevail based on earlier passage.
Key Takeaway: In the Concurrent List, parliamentary law generally prevails over state law in case of conflict (Doctrine of Repugnancy), unless the state law has received Presidential assent, which grants it validity only within that specific state.