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      Question

      Which of the following about the “State List” and

      “public order” is constitutionally correct? 
      A Public order is a Union subject. Correct Answer Incorrect Answer
      B Public order is a State subject (State List) but Parliament may legislate on it under certain circumstances (e.g., by Article 249 resolution), hence day-to-day policing is State responsibility Correct Answer Incorrect Answer
      C Police is a Union subject only. Correct Answer Incorrect Answer
      D Public order is part of Ninth Schedule Correct Answer Incorrect Answer
      E Public order belongs to municipalities. Correct Answer Incorrect Answer

      Solution

      “Public order” and “police” fall under the State List (List II) in the Seventh Schedule, reflecting the constitutional preference for local control over law and order. However, Parliament may legislate on these subjects under exceptional circumstances, such as during a national emergency (Article 250) or when the Rajya Sabha passes a resolution under Article 249. In S.R. Bommai v. Union of India, the Supreme Court emphasized that misuse of central power in State law-and-order matters undermines federalism. Thus, while State primacy exists, constitutional exceptions ensure national integrity.

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