Question

Which of the following is TRUE about Article 254 (repugnancy between Union and State laws on concurrent subjects) and Ninth Schedule laws of the Constitution?

Q: Answer-Which of the following is TRUE about Article 254 (repugnancy between Union and State laws on concurr...

Article 254 addresses repugnancy between Union and State laws on Concurrent List subjects. While a State law may prevail with Presidential assent, this does not override basic structure limitations. Placement of a law in the Ninth Schedule does not negate Article 254 or immunize it from judicial review if it violates fundamental constitutional principles. The Supreme Court has consistently held that constitutional hierarchy must be respected and that legislative techniques cannot defeat constitutional supremacy.

A Article 254 ensures State law prevails always on concurrent topics.

B Article 254 states that where State law conflicts with Central law on concurrent subjects, Central law prevails to the extent of repugnancy. However, if State law is saved by a Ninth Schedule placement or if Central law is later repealed, complexities arise; judicial review is still possible for basic structure concerns.

C Ninth Schedule automatically makes a State law superior to Central law.

D Article 254 is irrelevant to Ninth Schedule.

E Article 254 makes concurrent laws non-justiciable.

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Which of the following is TRUE about Article 254 (repugnancy between Union and State laws on concurrent subjects) and Ninth Schedule laws of the Constitution?

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