SC Upholds State Autonomy in Law and Order

Published: 11th May, 2024

Context

Following a complaint from the State of West Bengal against the Central Bureau of Investigation's (CBI) "unilateral right" to look into offenses committed by CBI officials within State jurisdiction, the Supreme Court said unequivocally that “law and order is a State subject”. The decision emphasized the division of powers between the central and state authorities.

1: Dimension- State Subject Status of Law and Order:

Constitutional Division of Powers: The Constitution of India delineates the distribution of powers between the central government and state governments, with law and order falling within the domain of the latter.
Autonomy of State Governments: States possess the authority to enact laws, maintain public order, and ensure the safety and security of citizens within their jurisdictions.
Supreme Court's Clarification: The recent statement by the Supreme Court reaffirms the principle that matters concerning law and order primarily fall under the purview of state governments, underscoring their autonomy and responsibility in this regard.

2: Dimension- Implications of SC's Assertion:

Clarity on Jurisdiction: The SC's clarification provides clarity on the division of powers between the central and state authorities, preventing potential conflicts and ensuring effective governance.
State Government Accountability: Emphasizing law and order as a state subject highlights the accountability of state governments in addressing issues related to public safety and security.
Role of Central Government: While law and order is primarily the responsibility of state governments, the central government may intervene in exceptional circumstances, such as maintaining constitutional integrity or combating threats to national security.

Fact Box: About Schedule VII

The Indian Constitution has twelve schedules, the seventh of which is the Seventh Schedule.
The Center and the State share the Legislative subjects listed in the Indian Constitution's seventh schedule.
Three lists are used for the division: List I is the Union list, List II is the State list, and List III is the Concurrent list.
One such article is Article 246 of the Indian Constitution, which is located in the 7th schedule. The legislative authority of the Union and the State are defined under this article. The State List, which was formerly composed of 66 articles, is contained in the seventh schedule of the Indian constitution.
Three lists are used by Article 246 to categorize the topics covered by laws passed by State legislatures and Parliament. They are as follows:
- List I – Union List
- List II – State List
- List III – Concurrent List

CURRENT AFFAIRS FOR UPSC IAS

SC Upholds State Autonomy in Law and Order

1: Dimension- State Subject Status of Law and Order:

2: Dimension- Implications of SC's Assertion:

Fact Box: About Schedule VII

Still Have Questions?

CURRENT AFFAIRS FOR UPSC IAS

SC Upholds State Autonomy in Law and Order

1: Dimension- State Subject Status of Law and Order:

2: Dimension- Implications of SC's Assertion:

Fact Box: About Schedule VII

Still Have Questions?

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