MURMU RETURNS BENGAL ANTI-GOONDA BILL OVER NDPS LAW OVERLAP

September 25, 2026

KOLKATA: President Droupadi Murmu has returned West Bengal’s Public Safety and Control of Anti-Social Activities Bill, 2026 to the state government for reconsideration after the Centre raised concerns that one of its provisions could overlap with existing central legislation on narcotics-related preventive detention.

The objection centres on Section 2(d)(iii)(B), which includes within the definition of a “goonda” a person who commits, attempts, abets, promotes, finances or facilitates an offence punishable under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Centre said the provision could overlap with the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988, which already provides for preventive detention in cases involving illicit drug trafficking.

According to the Centre’s note, the proposed provision could create two parallel preventive-detention mechanisms for drug-related activities and raise an issue of repugnancy under Article 254 of the Constitution. It recommended removing the reference to NDPS Act offences from the provision to avoid duplication with the existing central framework.

The Bill, passed by the West Bengal Assembly in June, provides for measures including preventive detention and restrictions on the movement of persons classified as “goondas” or involved in specified anti-social activities. The legislation was intended to address activities including organised crime, extortion and other threats to public order.

A senior state government official said the administration would examine the President’s note and indicated that the Bill could be amended and reintroduced in the Assembly before being sent again for presidential consideration. Under the constitutional procedure, a state legislature may reconsider a Bill returned by the President and pass it again with or without amendments.