'Homework returned for correction': Abhishek Banerjee as Prez returns Bengal's 'Anti-Goonda' Bill

Trinamool Congress (TMC) national general secretary Abhishek Banerjee on Friday reacted to President Droupadi Murmu returning the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, for reconsideration.

The Bill was sent back after the Centre raised concerns over a possible overlap between its provisions dealing with drug-related offences and the existing central laws governing narcotics and preventive detention.

Reacting to the development, Banerjee wrote on X, "Double engine on the posters. Reverse gear in governance. Homework returned for correction. 😅."

The President's decision means the legislation will have to be reconsidered by the state before it can proceed towards enactment. A senior state administration official said the Bill could be placed before the Assembly again after the conflicting provisions are amended and subsequently sent back for presidential assent.

Why the Centre raised objections

The Centre's objection relates specifically to the Bill's definition of a “goonda”. One provision covers people who commit, attempt to commit, abet, promote, finance or facilitate offences punishable under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Centre said this could overlap with the preventive-detention framework under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act).

“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.”

The Centre said the provision could create an overlapping preventive-detention mechanism and raise an issue under Article 254 of the Constitution. It suggested deleting the reference to NDPS offences from the Bill.

Bill had already faced legal questions

The Bill, introduced in June to deal with anti-social activities, includes provisions allowing authorities to restrict a person from entering a specified area, district or districts for up to one year. The Assembly passed it in June.

The legislation had also come under scrutiny in the Calcutta High Court. In August, the court dismissed PILs challenging the Bill, observing that the petitions were premature because the legislation had not received presidential assent.

The court had said, “As the Act is yet to receive Presidential assent, the writ petition is premature”.

The Bill can now return to the Assembly for possible changes before being sent again for presidential consideration.