Internal Security Architecture Shortcomings – Key Forces, NIA, IB, CCTNS, etc.

Explained: What is the NIA Act, and why is Chhattisgarh challenging it?

Note4Students

From UPSC perspective, the following things are important :

Prelims level : NIA Act

Mains level : Policing Issues with NIA

The Chhattisgarh state govt. moved the Supreme Court against the 2008 National Investigative Agency (NIA) Act, stating it is violative of the Constitution. In its civil suit, the government told the apex court the NIA should have no power over state policing matters.

What is the NIA Act, 2008?

  • The NIA Act, 2008 governs the functioning of India’s premier counter-terror agency.
  • It was introduced by then home minister P Chidambaram in the wake of the 26/11 Mumbai terrorist attacks and was passed in Parliament with very little opposition.
  • The Act makes the NIA the only truly federal agency in the country, along the lines of the FBI in the United States, more powerful than the CBI.
  • It gives the NIA powers to take suo motu cognizance of terror activities in any part of India and register a case, to enter any state without permission from the state government, and to investigate and arrest people.

Objections made by CG

  • In its petition, the Chhattisgarh govt. said the Act is “ultra vires the Constitution” and “beyond the legislative competence of the Parliament”.
  • According to the state, the 2008 Act allows the Centre to create an agency for investigation, which is a function of the state police.
  • ‘Police’ is an entry in the State List of the Constitution’s 7th Schedule.
  • The petition says the 2008 Act takes away the state’s power of conducting an investigation through the police, while conferring unfettered, discretionary and arbitrary powers” on the Centre.
  • The provisions of the Act leave no room of coordination and pre-condition of consent, in any form whatsoever, by the Centre from the State govt. which clearly repudiates the idea of state sovereignty as envisaged under the Constitution.

Changes made to the NIA’s powers last year

  • The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute.
  • The agency can now investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908.
  • The amendment also enables the central government to designate sessions courts as special courts for NIA trials.
  • The Unlawful Activities (Prevention) Amendment (UAPA), also passed in 2019, allows an NIA officer to conduct raids, and seize properties that are suspected to be linked to terrorist activities without taking prior permission of the DG of Police of a state.
  • The investigating officer only requires sanction from the Director General of NIA.
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