15 hrs ago
President Returns Bengal Anti-Goonda Bill Over Drug-Law Overlap
West Bengal made a Bill to deal with people it calls “goondas” and people involved in anti-social activities.
The Bill could allow authorities to detain someone without a trial for up to 12 months.
It could also stop that person from entering a particular area for the same period.
The Centre said the Bill’s rules about drug offences might repeat rules already found in a national law.
Because of this possible overlap, President Droupadi Murmu sent the Bill back for reconsideration.
West Bengal can change the Bill and pass it through the Assembly again.
It can then send the revised Bill back to the President.
A court said earlier challenges were premature because the Bill was not yet a law.
President Droupadi Murmu returned West Bengal’s anti-Goonda Bill for reconsideration after the Centre raised concerns about overlap with central drug laws.
The Union government said the Bill’s NDPS-related definition of “goonda” could create a parallel preventive-detention mechanism alongside the PITNDPS Act, 1988.
Passed by the West Bengal Assembly on June 29, the Bill permits detention without trial and exclusion from specified areas for up to 12 months.
The Bill also includes broad definitions of “goonda” and “anti-social activity,” along with search-and-seizure powers and penalties for harbouring restricted people.
The Calcutta High Court dismissed three challenges as premature because the Bill had not received presidential assent and had not become law.
- Who
- President Droupadi Murmu, the Union government, the West Bengal government, the West Bengal Assembly, Suvendu Adhikari, and the Calcutta High Court are involved.
- What
- The President returned the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, for reconsideration over its possible overlap with central drug legislation.
- Where
- West Bengal; the Bill was considered by the Union government, the President, and the Calcutta High Court.
- When
- The Bill was passed on June 29, 2026; the Calcutta High Court dismissed three challenges on August 6, and the President later returned the Bill.
- Why
- The Centre said the Bill’s inclusion of NDPS-related offences in its definition of “goonda” could duplicate the preventive-detention framework under the PITNDPS Act, 1988, creating a possible conflict under Article 254.
Government and supporters
Opposition and central authorities
Purpose of the Bill
Government and supporters
The West Bengal government presented the Bill as a measure to curb anti-social activities and said authorities would act according to law without political misuse.
Opposition and central authorities
Opposition parties alleged that the Bill’s broad preventive powers could be used for political vendetta.
Drug-related provisions
Government and supporters
The Bill treats certain people involved in offences punishable under the NDPS Act as “goondas” within its wider framework.
Opposition and central authorities
The Centre said those provisions could duplicate the PITNDPS Act’s specific preventive-detention framework and create a parallel mechanism.
Legal status and implementation
Government and supporters
The state can amend the Bill, pass it again, and resend it for presidential consideration.
Opposition and central authorities
The Calcutta High Court recorded that the Bill had not received presidential assent and therefore had not become law; challenges could be brought after assent.
Key facts
- Bill
- West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026
- Assembly approval
- Passed by the West Bengal Assembly on June 29, 2026
- Presidential action
- Returned to West Bengal for reconsideration
- Central concern
- Possible overlap with the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
- Proposed powers
- Detention without trial and exclusion from specified areas for up to 12 months
- Relevant constitutional provisions
- Articles 200 and 201 govern reservation and reconsideration of state Bills; Article 254 concerns possible repugnancy
- Court position
- The Calcutta High Court said challenges were premature before presidential assent
Quotes
Senior official of the West Bengal state administration
A state administration official commenting on the Bill’s possible resubmission
“Section (B) of the proposed Bill, insofar as it includes within the definition of ‘goonda’ a person who commits, attempts to commit, abets, promotes, finances or facilitates any offence punishable under the NDPS Act, 1985, may overlap with the preventive-detention framework provided under the PITNDPS Act, 1988, which is a specific Central legislation dealing with preventive detention of persons engaged in illicit traffic in narcotic drugs and psychotropic substances.”
indianexpress.com
“It is indeed a setback for the government as it wants to implement this Act as soon as possible. However, there is a provision to table this Bill again in the Assembly after making the necessary changes in the proposed Act where it is conflicting or overlapping with Central law. After that, it will be sent again for the assent of the President of India.”
indianexpress.com
indianexpress.com
Suvendu Adhikari
The BJP leader who assured the Opposition about the Bill’s implementation.
“Those who are expressing concern about the provisions of preventive arrest have no reason to be afraid. The administration will act in accordance with the law, and there will be no misuse of the law in any way.”
indianexpress.com
Sources
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