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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India

Which statement about the distinction between public and private law is correct?

The correct distinction is that public law involves the State acting in its sovereign capacity, as in constitutional or criminal matters, while private law governs relationships and disputes between individuals, such as contracts. The other statements wrongly limit public law to employees or wrongly tie each class to written form or subject matter.

  1. AIn public law the State is a party in its sovereign capacity, whereas in private law the dispute is mainly between individualsCorrect
  2. BPublic law applies only to government employees, while private law applies to all citizens
  3. CPrivate law is always unwritten, while public law is always written
  4. DPublic law deals with property only, while private law deals with persons only

Explanation

The key distinction is the position of the State: in public law it acts as sovereign authority, while private law concerns relations among individuals. Public law is not limited to government employees, and neither class is always written or unwritten. Neither deals with property or persons exclusively.

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