After the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College on August 9, the West Bengal government is going to introduce an anti-rape bill in the assembly. Legal experts say that the President’s approval is necessary to implement this law in the state. However, it is constitutionally correct for the state to bring such an amendment.
The West Bengal Assembly is going to introduce a bill to give death penalty as punishment to rapists. On August 28, the West Bengal Cabinet approved a proposal to introduce a new bill aimed at preventing rape and ensuring strict punishment for such crimes.
‘If we had the power…’
On August 28, Chief Minister Mamata Banerjee had said that if the state government had the power, it would have got the accused in the trainee doctor case awarded death penalty. She said, ‘If the state government had the power, we would have got the accused of the doctor’s murder awarded death penalty within seven days. We will start a movement to get the accused in the doctor’s rape-murder case awarded death penalty.’
What did the legal experts say?
Senior advocate and Supreme Court lawyer Sanjoy Ghose told Aaj Tak, “Criminal law is a matter of the concurrent list, so the state government and the central government can make criminal laws. However, if a central law is already in force in the matter, then the only way for the state government to pass a state amendment is to reserve it for approval under Article 254 and take the consent of the central government.”
No time limit for approval
Regarding the constitutional move, Ghosh said, “The West Bengal government can pass its independent state amendment and send it to the President, which is within the ambit of the Constitution. If the President accepts that state amendment, then in this case the West Bengal state amendment will be valid.”
On whether there is any time limit for the President to give his assent, Ghosh said, “The President acts on the advice of the Central government. He is under no obligation to give his assent. Also, there is no time limit prescribed in the Constitution within which this process has to be completed.”
The way to convene a session is challenging
On whether assent by the President is mandatory, Supreme Court advocate on record Ashwani Dubey said, “It is not mentioned in the Constitution whether assent by the President is mandatory for such a reconsidered bill or not.” Ashwani Dubey also agreed that the move to bring the amendment is legally valid, but he also questioned the manner of calling a special assembly session and said, “Only the Governor has the right to call a session under Article 174, but in this case the government itself has called the session, which is a challenging issue.”
Approval of the Centre and the President is necessary
Supreme Court lawyer Satyam Singh Rajput told Aaj Tak, “Since this is a criminal law, the bill will also require approval from the central government. The Home Ministry will examine the proposed law to ensure it is in line with existing national laws and policies. Also, even if the central government approves the bill, it will still need the approval of the President of India before it becomes a law.”
Follow us On Social Media Google News and Twitter/X