Question
Which of the following is the correct legal effect if Parliament enacts a law under Article 249 (national interest) that encroaches upon State List subjects?
Solution
The Second Schedule of the Constitution prescribes the salaries, allowances, and pensions of key constitutional functionaries, including the President, Governors, Judges of the Supreme Court and High Courts, and the Comptroller and Auditor-General. These provisions are designed to ensure financial independence of constitutional offices, particularly the judiciary, by insulating remuneration from executive interference. In Union of India v. Sankalchand Sheth, the Supreme Court recognized financial security as essential for judicial independence, which itself forms part of the basic structure.
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