NEW DELHI: Though the jury is still out on whether state governments are competent to make amendments to the three new criminal laws, constitutional experts say that states can bring in procedural safeguards without being in conflict with the central law.
Recently, the Tamil Nadu government has ordered the setting up of a single judge committee to study the three laws and make recommendations to the state government over amendments.
Taking cue from Tamil Nadu, some of the Opposition-ruled states, including Karnataka, Kerala and West Bengal, are exploring ways to make state specific amendments to the central law. Several opposition leaders, including Tamil Nadu Chief Minister M K Stalin and West Bengal CM Mamata Banerjee, wrote to Union Home Minister Amit Shah urging him to keep the implementation of the three laws in abeyance.
Speaking to this newspaper, Prof G Mohan Gopal, former director of the National Judicial Academy, and ex-director (vice-chancellor) of the National Law School of India, said that the states may bring in provisions of procedural safeguards without being in conflict with the central law.
“Criminal Law is a subject in the concurrent list of the Constitution and the state legislature is competent to make amendments. If there is no conflict, then the state can enact it. If there is repugnancy or conflict with the central law, then the Parliamentary law will prevail. However, if they can obtain President’s assent, even if there is repugnation, the state law will be effective in the state,” says Prof Gopal.
The criminal laws that was rolled out from July 1, replaced the British-era Indian Penal Code, the Code of Criminal Procedure and the Evidence Act with Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam(BSA) respectively.
While the Tamil Nadu government has made the first step to effect state-specific amendments to the criminal laws, Karnataka’s Law and Parliamentary Affairs Minister H K Patil stated that the state would be making ‘23-25’ amendments” to the central laws.
Last October, Karnataka CM Siddaramaiah wrote to Shah suggesting 23 changes in the criminal laws. The government said that the recommendations were based on a report by an expert committee. “The states can make some changes where there is no conflict within that framework,” he said.
The Opposition has accused the government of passing the laws in Parliament in its absence. Speaking to this paper, Constitution expert Prof Faizan Mustafa says that both the centre and state can pass laws on any subject which is in the concurrent list.
