What The West Bengal 'Anti-Goonda' Bill Says And Why It Went To The President

President Droupadi Murmu has returned the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, for reconsideration after the Centre flagged its possible overlap with Central legislation.

Passed by the West Bengal Assembly on June 29, the anti-Goonda Bill is a preventive-detention law aimed at “goondas” and “anti-social activities”. It allows authorities to detain a person for up to 12 months without trial and bar or extern them from a specified “area, district or districts” for the same period.

The Bill defines a “goonda” as a person generally reputed to be desperate and dangerous to the community or a “Habitual Offender”. It also covers activities causing public alarm, danger to life or property, disturbance of public order and certain illegal mining, quarrying, sand or forest activities.

The Bill has faced three PILs in the Calcutta High Court, while the Opposition alleged it could be used for political vendetta.

Why Did The Bill Go To The President?

A Bill passed by a State Legislature is normally presented to the Governor for assent. But Article 200 of the Constitution allows the Governor to assent to a Bill, withhold assent, return a non-Money Bill for reconsideration, or reserve it for the President’s consideration.

Article 200 also makes reservation mandatory in a specific situation. If, in the Governor’s opinion, a Bill would, if it became law, derogate from the powers of the High Court in a manner that endangers the position the Court is constitutionally designed to fill, the Governor must reserve it for the President.

A Governor can also reserve a Bill for the President when the Governor considers it necessary or desirable to obtain the President’s assent.

In the case of the West Bengal anti-Goonda Bill, it is unclear why it was referred to the President in the first place. However, the Union government subsequently raised concerns about its overlap with Central legislation.

Why Did The Centre Object?

In its note before the Bill was returned, the Union government pointed to Section 2(d)(iii)(B) of the proposed legislation.

The provision includes within the definition of “goonda” a person who commits, attempts to commit, abets, promotes, finances or facilitates an offence punishable under the NDPS Act, 1985.

The Centre said this could overlap with the preventive-detention framework under the PITNDPS Act, 1988, which deals with preventive detention of persons engaged in illicit traffic in narcotic drugs and psychotropic substances.

According to the Centre, the provision could therefore create an overlapping or parallel preventive-detention mechanism for drug-related activities and raise an issue of repugnancy under Article 254.

It recommended deleting the reference to offences under the NDPS Act from Section 2(d)(iii)(B) to avoid duplication and overlap with the existing Central framework.

What Happens When The President Returns A State Bill?

Once a State Bill has been reserved by the Governor for the President, Article 201 governs the President’s consideration of it.

The President may assent to the Bill or withhold assent. For a non-Money Bill, the President may also direct the Governor to return it to the State Legislature with a message asking the House or Houses to reconsider the Bill or specified provisions.

In the case of the West Bengal anti-Goonda Bill, the President has returned the Bill to the State Legislature for reconsideration.

The State Legislature then has six months from the date of receipt of the President’s message to reconsider the Bill. If it is passed again, with or without amendments, it is presented to the President again for consideration.

In the West Bengal case, a senior state administration official told The Indian Express that the Bill could be tabled again in the Assembly after making the necessary changes to provisions that conflict or overlap with Central law. It could then be sent again for the President’s consideration.