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?Solution
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.
Under Section 115 of the Code of Civil Procedure, 1908 (Revision), a High Court can exercise revision power:
Every agreement in restraint of the marriage of any person _______________
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