Which one of the following statements is correct? The 'non obstante clause' under Article 246(1) is invoked to judge the validity of a State legislation when the:

A.Court is unable to decide the question by applying the theory of pith and substance

B.Court is unable to decide the question by applying the theory of harmonious construction

C.State law falls under any entry of List III

D.State law is passed under any entry of List II and Parliamentary legislation is passed under any entry of List I

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