Centre questions Telangana powers on Preventive Detention law
In a setback to Telangana government, the Centre has sent back the Preventive Detention Amendment Act, 2017 that was passed by TS Legislature in November 2017. The government brought an amendment to the existing PD Act to check supply of spurious seeds, fake certificates, online gaming, gambling etc.

Since the subject such as seeds, online gaming/ gambling also fall under Centre’s purview, it was necessary for the state government to first refer the Amendment Act for Centre’s approval before passing the Bill.

After examining the provisions of the new law, the Union home ministry examined sent it back to the TS government along with queries over certain provisions.

The home ministry has sought clarification whether the state government had the power to bring such an Act. It also asked the state to clarify whether the subjects that were brought under the Act came under the purview of the state government or the Centre.

The TS government had brought an ordinance to amend the PD Act in June 2017, and later replaced the ordinance with an Act by passing the Bill in the winter session of the Legislature in November.

The home ministry sought clarifications from both the Governor and the state government. The state submitted it clarifications to Governor who forwarded them to the home ministry.

The new Act will come into force only if the Centre approves the clarifications. If not, the state will have to amend to the Act again as sought by the Centre.

With PD Amendment Act lying pending with the Centre, the government has directed police department not to file cases under the new Act. The state is likely to bring further amendments to the Act in the ensuing Budget session.

Source: DeccanChronicle, 12th January 2018