Monday, January 17, 2011

CBI And Police In India Is Operating Without Laws

Parliamentary democracy is the backbone of any nation that believes in rule of law. This is so because parliament of any nations is primarily responsible for enacting suitable and timely laws so that law and order can be maintained in the society. However, what would happen if there is no parliamentary democracy or the parliament of a nation fails to fulfill its constitutional duties?

Unfortunately, this is exactly what is happening in India these days. Indian Executive is imposing projects and authorities without any legal framework and with no parliamentary oversight at all. Projects like Aadhar, Natgrid, CCTNS and authorities like UIDAI are classic examples of lack of parliamentary democracy in India.

However, something more drastic and bizarre is also present. Even after more than 60 years of getting its independence, Indian law enforcement and intelligence agencies are virtually governed by no legal framework.

Even the premier investigation agency of India known as central bureau of investigation (CBI) of India is not governed by any law. It is only with the draft central bureau of investigation act, 2010 (Bill) that some sort of legal framework has been suggested for CBI.

The draft CBI Act 2010 also needs further improvements and modifications. Further, with the legal framework for CBI, it would also require to hone up its skills regarding cyber law, cyber forensics, cyber security, etc. Recently the website of CBI was defaced and it remained offline for more than a month. This also means that the national informatics centre (NIC) of India also needs to put in place good cyber security policy.

The recent parliamentary session of India was completed wasted and wiped out without any legislative business. With the present bad performance of parliament incidences like these would further undermine its dignity and role. It is high time that parliamentary democracy must be resorted in India that has lost somewhere in the galleries of executive branch of constitution of India.