President Droupadi Murmu has returned the West Bengal government’s proposed Anti-Goonda Bill for further examination, highlighting concerns about its alignment with existing central legislation. The bill, officially known as the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, was passed by the state Assembly in June this year. The legislation aims to enhance state authorities’ ability to combat organised crime, extortion, illegal mining, cybercrime, and issues related to public disorder.

Contention in the Legislative Provision

One of the primary objections raised pertains to Section 2(d)(iii)(B) of the bill, which categorises individuals charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, as “goondas.” A note provided alongside the bill upon its return cited that this specific provision could result in an overlap with the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988.

This central legislation allows for preventive detention in cases related to illicit drug trafficking. The note further indicated that if the state bill was to remain unchanged, it could unintentionally establish a parallel detention framework, potentially conflicting with Article 254 of the Constitution of India. This article addresses the resolution of conflicts between state and central laws. In light of these concerns, the note recommended the removal of references to offences under the NDPS Act from the contested provision, urging the West Bengal government to reconsider its stance.

A senior official in the West Bengal administration stated that the government would conduct a detailed review of the note before determining its subsequent actions. The administration has the option of amending the bill, resubmitting it to the Assembly for approval, and subsequently seeking presidential assent once more. This legislative journey marks a critical phase in ensuring that the bill aligns well with both state and national legal frameworks.

Political Reactions and Government Stance

The return of the bill led to notable political exchanges. Abhishek Banerjee, a leader within the Mamata Banerjee faction, expressed his frustration regarding the situation. He took to social media platform X, criticising the BJP-led Central Government and suggesting that while there may be promises of efficient governance, the reality showed a lack of effective administration.

He remarked, “Double engine on the posters. Reverse gear in governance. Homework returned for correction.” In contrast, West Bengal Chief Minister Suvendu Adhikari defended the proposed bill, maintaining that the government will adhere to the proper legal processes to address the issues raised. He asserted that the provisions for preventive arrest are transparent and well-established, noting that similar legislative measures have been implemented successfully in four other states.

He expressed confidence that the Anti-Goonda Bill would eventually become law in West Bengal as well. As the state government now deliberates on which modifications, if any, to implement, the future of the bill remains uncertain. The decision will hinge on whether they opt to amend the contentious section or withdraw it entirely, followed by the necessity of re-presentation to the Assembly for further scrutiny and potential approval.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share