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    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?
    A Such law is valid if Rajya Sabha passes the national interest resolution by two-thirds and Parliament enacts legislation; however courts can examine validity if procedure was not followed or if it violates basic constitutional limits. Correct Answer Incorrect Answer
    B Article 249 is non-functional. Correct Answer Incorrect Answer
    C Such law is always void. Correct Answer Incorrect Answer
    D Such law automatically becomes part of Ninth Schedule. Correct Answer Incorrect Answer
    E Such law requires Presidential referendum. Correct Answer Incorrect Answer

    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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