Kerala considering to Amend Wildlife Protection Law
Context:
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Kerala Govt. considering amendment to the Wildlife Protection Act, 1972 to address growing human–wildlife conflicts.
Proposed Amendment:
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Chief Wildlife Warden may be authorised:
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To permit any person (following due procedure) to:
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Kill, tranquillise, or capture a wild animal
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If the animal attacks humans and causes serious injury
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Or if the animal is found in a public place
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Legal Basis:
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Article 254(2), Constitution:
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Allows a State legislature to pass a law on matters in the Concurrent List even if it conflicts with Central law.
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Such law needs President’s assent to prevail.
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Kerala Govt. believes it is competent to propose amendment.
Rationale:
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Kerala facing critical stage of human–wildlife conflict.
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State constrained by limitations of Central law.
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Marginalised communities most affected.
Past Steps:
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Feb 2024: Kerala Assembly passed a resolution urging Centre to amend Wildlife Protection Act.
Protection of Wildlife – Constitutional Provisions
1. Concurrent List (List III)
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Protection of wild animals and birds is in the Concurrent List of the Seventh Schedule.
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Both Centre and States can legislate on it.
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Transferred to Concurrent List by the 42nd Constitutional Amendment Act, 1976.
2. Article 51A(g) – Fundamental Duty
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Every citizen has the duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
3. Article 48A – Directive Principle of State Policy (DPSP)
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The State shall endeavour to protect and improve the environment and safeguard forests and wildlife.
Article 254 – Repugnancy between State and Central Laws
General Rule (Article 254(1)):
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If a State law on a Concurrent List subject is inconsistent with a Parliamentary law, the Parliamentary law prevails, and the State law is void to the extent of repugnancy.
When President’s Assent is Needed (Article 254(2))
A State law on a Concurrent List subject can prevail even if it contradicts a Central law, if:
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The Bill has been reserved for the consideration of the President, and
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It has received the President’s assent.
Effect of Presidential Assent
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State law prevails in that State:
Even if repugnant to Parliamentary law, once assented, the State law is valid in that State. -
Parliament’s overriding power remains:
Parliament can amend, override, or repeal such a State law at any time. -
Duty to inform:
While seeking the President’s assent, the inconsistency with existing central law must be pointed out.