11 years later, ‘terrorism’ dropped from GujCTOC bill passed by majority in Gujarat Assembly
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Context
The Gujarat Assembly has passed an amendment to the Gujarat Control of Terrorism and Organised Crime (GujCTOC) Act, removing references to “terrorism”. This step was taken to eliminate legislative duplication after the new central criminal code, the , introduced a comprehensive definition and punishment for terrorist acts under its Section 113. The amendment effectively reverts the state law to its original focus on tackling organised crime, ending a long legislative journey that saw the bill being rejected by three Presidents before receiving assent in 2019.
UPSC Perspectives
Polity & Federalism
This amendment is a textbook case study of legislative dynamics in India's federal structure, governed by the Seventh Schedule of the Constitution. While 'Public order' and 'Police' are State List subjects, 'Criminal Law' and 'National Security' fall under the Concurrent and Union Lists respectively, creating areas of potential overlap and friction. The two-decade history of the exemplifies this tension. Its repeated rejection by Presidents, acting under Article 201, was based on concerns that its provisions (like admissibility of confessions to police) deviated from central laws and policies. The current amendment represents a resolution of this friction. With the enactment of the , the Centre has codified a uniform definition of terrorism for the entire country under Section 113. Gujarat's decision to remove the terrorism clause from its state law is an act of aligning with this national framework, thereby respecting the Union's legislative primacy on matters of national security. This situation also highlights the role of the Governor under Article 200, who can reserve a state bill for Presidential consideration if it appears to contradict central law or policy.
Internal Security & Governance
The amendment sharpens the distinction between Organised Crime and Terrorism, two distinct internal security threats. Organised crime is primarily driven by economic motives, involving syndicated activities like extortion, trafficking, and land-grabbing for financial gain. In contrast, terrorism is ideologically motivated, aiming to challenge state authority or create terror for political ends. The Act was originally modeled on the , a special law designed to dismantle criminal syndicates with stringent provisions that are not found in ordinary law. The state government's rationale to focus the Act solely on organised crime aims to avoid duplication of investigation and create jurisdictional clarity. A single act being investigated as 'terrorism' under both a state law and a central law (the BNS) could lead to procedural conflicts and inefficiencies. By dedicating the to organised crime, Gujarat retains a specialized legal tool to combat its unique criminal landscape, while deferring to the national framework provided by the BNS for terrorism cases. This reflects a governance principle of creating specialized and non-overlapping legal instruments for effective law enforcement.
Legal & Judicial Reforms
This legislative change is a direct consequence of India's recent overhaul of its criminal justice system. The replacement of the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, with the Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023, respectively, has necessitated corresponding amendments in various state-level special laws. The Gujarat amendment not only removes the terrorism clause due to its inclusion in the BNS but also updates references from the old codes (CrPC, IPC) to the new Sanhitas. The integration of a definition for 'terrorist act' into India's primary penal code under Section 113 of the BNS is a significant shift, as such provisions were previously part of separate, special laws like the repealed POTA or the UAPA. This mainstreaming of the definition of terrorism into ordinary criminal law centralizes and standardizes the legal approach across India. The amendment to the is one of the first examples of a state realigning its special laws to be in harmony with this new national criminal law architecture that came into force on July 1, 2024.