Which of the following statements is/are correct ? 1. Criminal law i

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.

Select the answer using the code given below :

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CDS-2 – 2024
The correct option is B) 2 only.
Statement 1 is incorrect. Criminal Law is not exclusively a subject under the State List. Both ‘Criminal law’ and ‘Criminal procedure’ are subjects included in the Concurrent List (List III) of the Seventh Schedule to the Constitution of India (Entries 1 and 2 respectively). This means both the Union Parliament and the State Legislatures can enact laws on these matters.
Statement 2 is correct. ‘Civil procedure’ is listed under Entry 13 of the Concurrent List (List III) of the Seventh Schedule. This includes the Code of Civil Procedure, meaning both the Parliament and State Legislatures have legislative competence over civil procedure.
The Seventh Schedule distributes legislative powers between the Union and the States. The Union List (List I) contains subjects on which Parliament has exclusive power. The State List (List II) contains subjects on which State Legislatures have exclusive power (under normal circumstances). The Concurrent List (List III) contains subjects on which both Parliament and State Legislatures can legislate, with Union law prevailing in case of inconsistency.
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