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Which of the statement is incorrect with regard to the law making power ?

  • A.In case of inconsistency between the Central and State law, the Central law will prevail
  • B.In case a State law is repugnant to the Central law in a subject matter under List III of Schedule VII, the State law will prevail over the Central law if it has received the assent of the President
  • C.The Central Law will prevail over the State law when the subject matter is provided under the List II of Schedule VII.
  • D.The Parliament has power to add, amend, vary or repeal the State law enacted and has received assent of the President.

Answer: C

The incorrect statement is that Central law will prevail over State law on a subject in List II.

Under Article 246, the State Legislature has exclusive power over the State List (List II). Parliament cannot ordinarily legislate on those subjects, except in special situations such as Articles 249, 250 and 252, so a Central law does not as a rule override a State law within List II.

The other statements describe Article 254. On a Concurrent List subject the Central law prevails over an inconsistent State law; a repugnant State law prevails in that State if it has received the President's assent; and the proviso lets Parliament later add to, amend, vary or repeal such a State law.

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