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Q5 (CDS-II/2024) Polity & Governance › Federalism & Emergency Provisions › Seventh Schedule lists Answer Verified

Which of the following statements is/are correct? 1. Criminal law is exclusively a subject under the State List of the Constitution of India. 2. Code of Civil Procedure falls under the Concurrent List of the Constitution of India.

Result
Your answer: —  Â·  Correct: B
Explanation

The Seventh Schedule of the Constitution of India distributes legislative powers between the Union and the States through three lists. Statement 1 is incorrect because Criminal Law (Entry 1) and Criminal Procedure (Entry 2) are subjects under the Concurrent List (List III), not exclusively under the State List [4]. While 'Public Order' and 'Police' are State List subjects, the substantive and procedural aspects of criminal law allow both Parliament and State Legislatures to legislate [5]. Statement 2 is correct as the Code of Civil Procedure (Entry 13) is explicitly listed under the Concurrent List [1]. This shared jurisdiction means that while both levels of government can enact laws on these matters, in cases of conflict or repugnancy, the Central law generally prevails unless the State law has received Presidential assent [6].

Sources

  1. [1] Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 16: India–Political Aspects > STRUCTURE OF INDIAN FEDERATION > p. 11
  2. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > CHAP. 24] DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS 377 > p. 377
  3. [2] Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > 2. The Second-Level or State Level Planning > p. 56
  4. [5] https://legalaffairs.gov.in/sites/default/files/Concurrent%20Power%20of%20Legislation%20under%20List%20III%20of%20the%20Indian%20Constitution.pdf
  5. [6] https://www.sci.gov.in/constitution/
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