Today, On 9th July, Congress leader P. Chidambaram commended Tamil Nadu’s initiative to form a committee for state-specific amendments to the new criminal laws. Highlighting that criminal law falls under concurrent jurisdiction, he noted that state legislatures can update laws to reflect contemporary criminal justice standards.
New Delhi: Congress leader P. Chidambaram expressed his support on Tuesday for the Tamil Nadu government‘s initiative to form a committee tasked with proposing state-specific amendments to the newly enacted criminal laws. He emphasized that criminal law falls under the concurrent list, allowing state legislatures to enact amendments.
Furthermore, Chidambaram highlighted the necessity of enacting criminal laws that align with contemporary principles of criminal jurisprudence.
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In a post on X, the former home minister stated,
“I welcome the decision of the government of Tamil Nadu to appoint a Committee to suggest state amendments to the three criminal laws that came into force on 1 July 2024.”
Criminal law, being a subject on the concurrent list of the Constitution, allows state legislatures the authority to make amendments, as highlighted by Chidambaram.
He expressed his approval for the appointment of retired Justice K. Sathyanarayanan to lead the one-person committee, stating,
“I also welcome the appointment of Justice (retd) Mr. K. Sathyanarayanan as the one-person Committee. I request the Committee to hold consultations with all stakeholders including judges, lawyers, police, law teachers, scholars, and human rights activists.”
In an effort to introduce Tamil Nadu-specific amendments to the new criminal laws, Chief Minister M. K. Stalin on Monday initiated the formation of a one-man committee. This committee, headed by the retired High Court judge, will study the three laws and provide recommendations to the state government on possible amendments.
Following a high-level consultative meeting at the Secretariat focused on state amendments to central laws, Chief Minister Stalin instructed officials to establish a one-man panel led by retired Madras High Court judge, Justice M. Sathyanarayanan. This panel tasked with analysing the new laws and proposing amendments, which include ‘state-level name changes’ for three specific laws.
According to an official release,
“This committee will thoroughly examine the new laws, engage in consultations with stakeholders, including state-level advocates, and submit a report on state-level amendments to the government within one month.”
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Criminal law, being a subject on the Concurrent List, allows state legislatures the competence to enact amendments independently, provided they do not conflict with central laws. Chidambaram pointed out that Article 254 of the Constitution addresses the doctrine of repugnancy, which deals with conflicts between central and state laws on Concurrent List subjects. If a state law contradicts a central law, the central law prevails.
However, if a state law, having received the President’s assent, differs from an earlier central law, the state law will take precedence in that state.
P. Chidambaram’s assertion highlights the significance of the Concurrent List in the Indian federal structure, reinforcing the constitutional competency of state legislatures to amend criminal laws.
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