National security is very important for any nation including India. However, the term national security is also the most controversial and vague one. This has been deliberately done so that the card of national security can be played anytime to suppress civil liberties.In the year 2008 letters regarding "constitutionality" of the proposed information technology (Amendment) Bill, 2008 (IT Act 2008) and National Security Policy of India have been sent by Praveen Dalal, Managing Partner of Perry4Law, to the Prime Minister of India (Dr Manmohan Singh), President of India, Parliament Members (Lok Sabha and Rajya Sabha), Government of India (GOI), Department of Information Technology (DIT), Department of Science and Technology (DST), CERT-IN, etc.
However, not only the IT Act 2008 was passed but it expressly incorporated certain unconstitutional provisions regarding Internet censorship, website blocking, e-surveillance, etc. The result is that civil liberties are blatantly violated in India through e-surveillance, unlawful interceptions, illegal phone tappings, etc.
Had the suggestions of Praveen Dalal accepted by our Prime Minister in the year 2008 itself, lots of troubles could have been avoided. Once again he has suggested for the enactment of a lawful interception law in India.
The first and foremost requirement in this regard is to repeal the unconstitutional cyber law of India and Indian Telegraph Act, 1885 and enact constitutionally sound lawful interception laws in India.
Further, the Cabinet Committee on Security (CCS) of India must clearly lay down what constitutes national security. CCS has to play a pro active role in this regard. This problem can be solve if the CCS works in the direction of making a suitable and constitutionally sound national security policy of India.
Let us hope that the CCS would accept the suggestions of experts this time and would come up with a national security policy of India very soon.
