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In case of repugnancy between the law made by the Parliament and the law made by the State Legislature, with respect to any matter enumerated in concurrent list;

  • A.by virtue of Article 246 of Constitution of India, law made by the Parliament shall prevail.
  • B.by virtue of Article 246 of Constitution of India, law made by State Legislature shall prevail.
  • C.by virtue of Article 254 of Constitution of India, law made by Parliament shall prevail.
  • D.by virtue of Article 254 of Constitution of India, law made by State Legislature shall prevail.

Answer: C

The answer is by virtue of Article 254, law made by Parliament shall prevail.

Article 254(1) provides that if a State law on a Concurrent List matter is repugnant to a law made by Parliament, the Parliamentary law prevails and the State law is void to the extent of the repugnancy. Under Article 254(2), a State law that has received the President's assent can prevail in that State, but Parliament can still later override it.

Article 246 distributes legislative power among the Union, State and Concurrent Lists; it is Article 254 that resolves repugnancy, and its rule favours Parliament.

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