Archive · 25 Sep 2026
President Returns Bengal Anti-Goonda Bill Over Drug-Law Overlap
West Bengal passed a Bill to deal with people it describes as goondas and people involved in anti-social activities.
The Bill could allow authorities to detain someone without a trial for up to one year.
It could also stop someone from entering a particular area, district or districts for that period.
The Centre said one part of the Bill repeats powers already covered by a national law about illegal drug trafficking.
Because of this possible overlap, President Droupadi Murmu sent the Bill back for reconsideration.
West Bengal officials said the Bill could be changed and presented to the Assembly again.
If passed again, it could be sent back to the President.
A court had earlier said 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 flagged overlap with central drug-trafficking legislation.
The disputed provision defines a “goonda” to include people involved in committing, abetting, financing or facilitating offences under the NDPS Act, 1985.
The Centre said this could create a parallel preventive-detention mechanism alongside the PITNDPS Act, 1988, raising a possible Article 254 repugnancy issue.
Passed by the West Bengal Assembly in June, the Bill permits detention without trial and exclusion from specified areas for up to one year.
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, Chief Minister Suvendu Adhikari, Abhishek Banerjee 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-trafficking legislation.
- When
- The Bill was passed in June 2026; the Calcutta High Court dismissed three challenges on August 6, and the President later returned the Bill.
- Where
- West Bengal, with the Bill considered by the West Bengal Assembly, the Union government, the President and the Calcutta High Court.
- Why
- The Centre said the Bill’s NDPS-related definition of “goonda” could duplicate the preventive-detention framework under the PITNDPS Act, 1988, potentially creating conflicting laws under Article 254.
West Bengal government and supporters
Union government and opponents
Purpose and safeguards
West Bengal government and supporters
The West Bengal government says the Bill is a clear and transparent preventive-arrest measure to curb organised crime, extortion, illegal mining, cybercrime and public disorder, and has assured that it will not be used for political vendetta.
Union government and opponents
Opposition critics have alleged that the Bill’s broad preventive powers could be misused for political vendetta.
Drug-related provision
West Bengal government and supporters
The Bill includes people who commit, attempt, abet, promote, finance or facilitate offences punishable under the NDPS Act within its definition of a “goonda.”
Union government and opponents
The Centre says this provision overlaps with the PITNDPS Act’s specific preventive-detention framework and could create two parallel mechanisms for drug-related activities.
Legal status and next steps
West Bengal government and supporters
State officials say the Bill can be amended, passed again by the Assembly and sent back to the President for consideration.
Union government and opponents
The Calcutta High Court held that the measure had not received presidential assent and therefore had not become law; it said challenges could be brought after assent.
- Bill
- West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026
- Assembly passage
- Passed by the West Bengal Assembly in June 2026
- Presidential action
- Returned to the state for reconsideration
- Disputed provision
- Section 2(d)(iii)(B), concerning offences under the NDPS Act, 1985
- Central concern
- Possible overlap with the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
- Proposed powers
- Preventive detention without trial and exclusion from specified areas for up to one year
- Court position
- The Calcutta High Court said challenges were premature before presidential assent
