President Murmu Returns West Bengal Anti-Goonda Bill

Honorable Droupadi Murmu, the President, has returned the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026 to the state for the reconsideration due to concerns over the potential clash between the new law and central legislation on the narcotics. As the Bill was passed by the West Bengal Assembly on June 29th 2026, it had not been notified since then due to the lack of assent from the President of India. The primary concern over the Bill pertains to the clause under which offences committed under the NDPS Act are linked to the preventive detention mechanism proposed under the Bill.

What Is the West Bengal Anti-Goonda Bill?

The purpose of the Bill is to create a wider framework for dealing with the issue of anti-social activities and habitual offenders.

The provisions of the Bill deal with activities that lead to public disorders, organised crimes, extortion, mining illegally and such other activities that harm public order.

The proposed legislation would also provide for preventive detention of up to one year and authorize the authorities, subject to certain conditions, to declare a person as unfit to enter a particular locality or districts for one year.

Why Did the President Reject the Bill?

The main criticism concerns the part (d)(iii)(B) of Section 2 of the proposed bill.

The clause provides that the term “goonda” shall include any person who commits, attempts to commit, aids, abets, facilitates, organizes or financially assists in the commission of any offence that is punishable under the NDPS Act, 1985.

The government felt that there could be an overlap with the provisions of the preventive detention provided by the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act).

Article 254 and Repugnance Between Central and State Acts

It has a close relation to Article 254 of the Constitution, which relates to the repugnance between laws made by the Parliament and those by the state legislatures on matters within the Concurrent List.

The note from the Center revealed the possibility of creating an alternative preventive detention arrangement for acts relating to drug offenses, raising an issue of repugnance in light of Article 254.

The constitutional matter becomes pertinent as the PITNDPS Act, 1988 is a Central Act relating to the preventive detention of persons indulged in the illicit trafficking of narcotic drugs and psychotropic substances.

What Happens When the Bill Returns?

According to Article 201, in case a state Bill reserved by the President is returned to the state legislature for reconsideration, it may be reconsidered by the legislature.

In respect of a non-Money Bill, there are six months for reconsidering the Bill received from the President’s message for the state legislature to consider the legislation. If the Bill is passed again with or without amendment, then it is sent to the President once again for his consideration.

The West Bengal authorities have made known that the Bill can be modified in a manner to resolve the clash with the central laws.

Preventive Detention and Public Order

The Bill also has a close constitutional bearing on the topic of preventive detention. Preventive detention is aimed at preventing a person from indulging in certain activities which can be considered to be prejudicial to public order or any other interest guaranteed by the Constitution of India. This is unlike punitive detention where detention comes after an alleged offense.

Article 22 of the Constitution deals with protection against arrest and detention, and there is a provision in Article 22 regarding preventive detention as well.

Public order is a State subject under the Seventh Schedule, List II.