All India Bar Examination (AIBE) 18-XVIII Previous Year Question Papers with Answers

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6.

Which of the following provision of the Constitution of India is relevant for solving questions of repugnancy between a Central law and a State law ?

A: Article 248
B: Article 252
C: Article 254
D: Article 256

The answer is: C

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Explanation

(C) Article 254

Explanation

• Article 254 of the Indian Constitution deals with repugnancy between Central and State laws.

• It states that if any provision of a law made by a State Legislature is repugnant to a law made by Parliament (on a subject in the Concurrent List), then the Central law prevails and the State law becomes void to the extent of the repugnancy.

• However, if the State law has received the President’s assent, it can prevail in that State, though Parliament still retains the power to override it later.

Other Options (for clarity)

• Article 248 → Parliament’s exclusive power to make laws on residuary subjects.

• Article 252 → Power of Parliament to legislate for two or more States by consent.

• Article 256 → Obligation of States to ensure compliance with laws made by Parliament.