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.
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