State's Power to determine Acts or Omissions as Crime

Introduction:

In India, the power to determine what constitutes a crime lies primarily with the legislature, i.e., the Parliament at the central level and the State Legislatures at the state level. This power is derived from the Constitution of India, which provides a framework for the distribution of legislative powers between the Union (Central Government) and the States.

Constitutional Framework:

1. Union List and State List: The 7th Schedule of the Constitution of India enumerates the subjects on which the Parliament and the State Legislatures can legislate. The relevant lists are:

• Union List (List I): Contains subjects on which only the Parliament can legislate. This includes matters like defense, foreign affairs, atomic energy, and more.
• State List (List II): Contains subjects on which only the State Legislatures can legislate. This includes matters like police, public health, and sanitation.
• Concurrent List (List III): Contains subjects on which both the Parliament and the State Legislatures can legislate. In case of a conflict, the central law prevails.

2. Article 246: This article provides the distribution of legislative powers between the Union and the States. It outlines the authority of the Parliament and State Legislatures to make laws with respect to any of the matters enumerated in the Union List, State List, and Concurrent List.

Criminal Law in India:

1. Indian Penal Code (IPC), 1860: This is a comprehensive code that covers substantive criminal law in India. It is a central legislation, enacted by the Parliament, that defines various offenses and prescribes penalties for them.

2. Code of Criminal Procedure (CrPC), 1973: This code lays down the procedure for the administration of criminal law in India. It details the processes for the investigation of crime, collection of evidence, arrest, charge-sheeting, trial, and sentencing of offenders.

3. Special and Local Laws: Apart from the IPC and CrPC, there are several other laws enacted by the Parliament and State Legislatures that define specific acts as crimes. Examples include the Narcotic Drugs and Psychotropic Substances Act, 1985, and various state-specific laws dealing with issues like prohibition, gambling, etc.

State's Legislative Powers:

• State Legislation: States have the power to enact laws on subjects enumerated in the State List. They can also create offenses and prescribe penalties within their jurisdiction. For instance, states can legislate on matters related to public order, police, and public health.
• Concurrent Powers: On subjects in the Concurrent List, both the Parliament and State Legislatures can enact laws. For example, laws related to criminal procedure, marriage and divorce, and bankruptcy fall under this category. If there is any inconsistency between central and state laws, the central law prevails.
• Amendment Powers: States can also amend certain provisions of the IPC and CrPC to suit their local requirements, provided such amendments do not conflict with central laws.

Judicial Interpretation:

Judicial Review: The judiciary has the power to review and interpret laws. If a law enacted by the state legislature is found to be unconstitutional or in conflict with central legislation, it can be struck down by the courts. This ensures that the legislative powers are exercised within the constitutional framework.

Conclusion:

The power to determine acts or omissions as crimes in India is shared between the Parliament and the State Legislatures, as outlined by the Constitution. The Parliament enacts laws on subjects of national importance, while the State Legislatures have the authority to legislate on local matters. Both central and state laws contribute to the overall framework of criminal law in India.