JAGTIV · Previous Year Questions

PET

INDIAN CONSTITUTION & PUBLIC ADMINISTRATION · 2021

Previous Year Question

Which of the following is not included in the State List under the Constitution of India?

A.
Police
B.
Law and Order
C.
Prisons
D.
Code of Criminal Procedure

Correct Answer: D

Detailed Solution

The Seventh Schedule of the Constitution of India distributes legislative subjects among the Union List, State List and Concurrent List.


Entry 1 of the State List deals with public order, Entry 2 deals with police, and Entry 4 covers prisons, reformatories and
similar institutions. Therefore, police, law and order, and prisons are essentially subjects falling within the State List.


In contrast, criminal procedure is specifically placed under Entry 2 of the Concurrent List in the Seventh Schedule. This means that, subject to the constitutional scheme, both Parliament and State Legislatures may legislate on the subject.


Therefore, the Code of Criminal Procedure is not a State List subject; it relates to a subject in the Concurrent List.

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