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:

The correct answer is  2 only.

Key Points

• Statement 1: Criminal law is exclusively a subject under the State List of the Constitution of India.
  • This statement is incorrect. Criminal law is not exclusively a subject under the State List. In fact, it falls under the Concurrent List (List III) of the Seventh Schedule of the Constitution of India. This means both the Centre and States can legislate on this subject, but in case of any conflict, the law made by the Centre prevails.
  Hence, statement 1 is incorrect.
• Statement 2: Code of Civil Procedure falls under the Concurrent List of the Constitution of India.
  • This statement is correct. The Code of Civil Procedure, which outlines the procedures to be followed in civil courts, is indeed listed under the Concurrent List (Entry 13 of List III) of the Seventh Schedule of the Constitution. This allows both the Centre and States to make laws on this subject.
  Hence, statement 2 is correct.

Additional Information

• Concurrent List:
  • The Concurrent List in the Seventh Schedule of the Indian Constitution contains subjects on which both the Central and State governments can legislate. However, in case of any conflict between Central and State laws on the same subject, the law made by the Central Government prevails.
  • Some key subjects under the Concurrent List include criminal law, marriage and divorce, bankruptcy and insolvency, and education.
• Criminal Law:
  • Criminal law in India is governed by several statutes, including the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and various special laws enacted by Parliament and State Legislatures.
  • Since it is under the Concurrent List, both the Central and State governments can enact laws related to criminal procedures and penalties.
• Code of Civil Procedure (CPC):
  • The Code of Civil Procedure (CPC) is a procedural law related to the administration of civil proceedings in India.It was enacted in 1908 and provides the framework for civil courts to follow while adjudicating civil disputes.
  • It is listed under the Concurrent List, allowing both Central and State governments to make amendments or enact laws related to civil procedures.