Rajasthan: Gehlot’s anti-lynching, honour killing laws among 10 bills returned by Governor

In matters under the Concurrent List, both the Centre and the states can enact laws; however, in the event of a conflict, central legislation prevails and state laws cannot override it.

Ashok Gehlot File Photo

JAIPUR: In a major move, the Rajasthan Governor has returned 10 bills to the state Legislative Assembly for reconsideration, citing legal and constitutional concerns. Of these, nine bills were passed during the previous Ashok Gehlot-led Congress government, while one dates back to the former chief minister Vasundhara Raje’s first term in 2008. The development was disclosed in the Assembly on Wednesday.

Under constitutional provisions, a Governor may return a state bill if its provisions are found to be in conflict with existing central laws. States are empowered to legislate only on subjects listed in the State List. In matters under the Concurrent List, both the Centre and the states can enact laws; however, in the event of a conflict, central legislation prevails and state laws cannot override it.

A similar situation arose during Vasundhara Raje’s tenure when the Freedom of Religion Bill was returned by the then Governor, Pratibha Patil. The bill was subsequently reintroduced and forwarded to the Centre for the President’s assent, where it remained pending for several years.

According to information placed before the Assembly, while returning the 2019 Bill related to honour killings, the Governor pointed out that the proposed law referred to the Indian Penal Code (IPC), 1860, and the Code of Criminal Procedure (CrPC), 1973—both of which have since been replaced. The Governor noted that Section 103 of the Bharatiya Nyaya Sanhita, 2023 already contains adequate provisions to address the offence of honour killing.

The nine bills passed during the Gehlot government that have been returned include the Rajasthan Protection from Lynching Bill, 2019; the Rajasthan Prohibition of Interference with Freedom of Marital Relationships in the Name of Honour and Tradition Bill, 2019; three agriculture-related amendment Billspassed in November 2020; two private university Bills cleared in 2022; and the Rajasthan Electricity (Tariff) Bill, 2023, and the Nathdwara Temple (Amendment) Bill, 2023, both passed in August 2023.

‘Legal concern’

1. Governor has cited legal and constitutional concerns

2. Nine of 10 Bills returned were passed under Gehlot

3. One Bill dates back to Raje’s first term in 2008