Consider the following statements: 1. Criminal law is exclusively under the Union List. 2. Agriculture is a State subject. 3. Trade and commerce within a State falls under the State List. Which of the above is/are correct?
- (a)1 and 2 only
- (b)2 and 3 only
- (c)1 and 3 only
- (d)1, 2 and 3
Answer
Why
Correct — B. Check each statement against the Seventh Schedule.
Statement 1 is wrong: criminal law is entry 1 of the Concurrent List, so Parliament and the States can both legislate on it.
Statement 2 is right: agriculture is entry 14 of the State List.
Statement 3 is right: trade and commerce within the State is State List entry 26.
Statements 2 and 3 are correct → option (b).
Why the others are wrong
- (a)1 and 2 only — 1 and 2 includes statement 1, which is wrong. Criminal law sits in the Concurrent List, not exclusively in the Union List.
- (c)1 and 3 only — 1 and 3 includes the wrong statement 1 and leaves out the right statement 2. Agriculture is State List entry 14.
- (d)1, 2 and 3 — All three fails on statement 1. The word exclusively is false, because criminal law is shared through the Concurrent List.
Concept
Article 246 divides law-making power through the three lists of the Seventh Schedule: the Union List for Parliament, the State List for the States, and the Concurrent List for both.
This item turns on a subject that sounds central but is not. Criminal law feels national, yet it is concurrent. Trade within a State is a State subject, while inter-State trade and commerce is Union List entry 42.
State List entry 26 is 'subject to the provisions of entry 33 of List III', which lets both levels regulate trade in items such as foodstuffs and raw cotton. That qualification does not move trade within a State out of the State List, so statement 3 stands.
Key facts
- Criminal law is entry 1 of the Concurrent List (List III).
- Agriculture, including agricultural education and research, is entry 14 of the State List (List II).
- Trade and commerce within the State is State List entry 26, subject to entry 33 of List III.
- Inter-State trade and commerce is entry 42 of the Union List (List I).
Study next
Common traps
- Treating criminal law as a Union subject because the Bharatiya Nyaya Sanhita is a central law: the subject is concurrent, so States can legislate on it too.
- Confusing trade within a State (State List) with inter-State trade (Union List).
Here the lists are tested through three subjects. The Concurrent List appears at 12 Sep 2025, 09:00, GA Q.22, which keys education's move there by the 42nd Amendment, and at 16 Sep 2025, 12:30, GA Q.25, which tests what happens when Union and State laws conflict.
Related PYQs
No directly related past PYQ was found.