Legal Enablement Of Intelligence Agencies Of India Is required

Intelligence agencies and law enforcement machinery of India are working almost with no legal framework supporting their functioning. This is not only affecting the genuineness and credibility of such agencies and authorities but is also casting a great doubt about their impartiality.

For instance, the Central Bureau of Investigation (CBI) is under fire for the same reason and is considered to be a puppet in the hands of ruling government. This is bound to happen so long there is neither a legal framework nor accountability of the CBI to Parliament of India or to any statutory enactment. Why India abhors enactment of relevant and mandatory legislations is still a mystery to solve.

India is notoriously infamous for creating authorities and agencies without any legal sanction and framework. Surprisingly, a majority of them pertains to law enforcement and intelligence agencies like CBI, IB, RAW, etc.

Of course, we have illegal and unconstitutional projects like the unique identification project of India (UID Project of India) or Aadhar project of India and unconstitutional authorities like unique identification authority of India (UIDAI). Why Parliament of India is not conferring legitimacy and constitutionality upon these authorities is still not understandable.

Legal Framework For Law Enforcement And Intelligence Agencies In India

Lawlessness and unreasonableness is guaranteed if there is no accountability. Accountability is absent when there is no legal framework for those managing essential governmental functions challenging the human rights and fundamental rights of the affected persons. Perry4Law has provided a “10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India” to the Government of India. This article is an abstract of the same.

Legal framework is the backbone for any crucial function of the government. This is more so where the law enforcement and intelligence activities of the State are involved. Law enforcement and intelligence activities and functions touch the most basic aspects of a person’s life. That is why we have strong human rights and constitutional protections that safeguard the life and liberties of such persons.

It would be both ironical as well as violation of basic human rights and fundamental rights if the law enforcement and intelligence activities are conducted in an illegal, unreasonable and improper manner. The duties, functions, liabilities and rights of these law enforcement and intelligence agencies must be specified in an unambiguous and proper manner. There is no scope for any sort of ambiguity in these functions of the State.

For instance, the British Security Service is one of three intelligence services or “Agencies”. These include the Secret Intelligence Service (SIS), commonly known as MI6, the Governmental Communications Headquarters (GCHQ), and the Security Service (MI-5). While there are significant differences between the British and US legal structures for law enforcement and intelligence services, MI6 is most like the CIA, GCHQ resembles the NSA, and the Security Service most closely resembles the FBI. All of them are constituted under duly enacted legislative frameworks. Surprisingly, India has taken a very strange approach in this regard.

The CBI, IB and RAW in India represent a case in which there is almost no law to look at. Further, there is no legally tenable mechanism that can keep an eye upon these agencies and their functioning. With the enactment of National Investigation Agency Act, 2008 some steps have been taken in this regard.

However, the viability and constitutionality of this Act is yet to be checked. When the Center encroaches upon the powers of the States, constitutional crisis and disputes are bound to arise.

The winter session of the Parliament is going on and a holistic and sensible approach in this crucial direction would go a long way in providing a durable law enforcement and intelligence agencies legal framework in India.

SOURCE: MERINEWS

Legal Framework For Law Enforcement And Intelligence Agencies Is Urgently Required In India Says Expert

Mr. B.S.Dalal is the Senior Partner at Perry4Law. He is a qualified Lawyer and Consultant and has vast Techno-Legal experience and expertise. In this precise and apt piece of work he has correctly and wisely put forward the legal dilemma through which the Indian law enforcement and intelligence agencies are undergoing. There is an emergent need on the part of Indian government to resolve these issues as soon as possible.

Legal framework is the backbone for any crucial function of the government. This is more so where the law enforcement and intelligence activities of the State are involved. Law enforcement and intelligence activities and functions touch the most basic aspects of a person’s life. That is why we have strong human rights and constitutional protections that safeguard the life and liberties of such persons.

It would be both ironical as well as violation of basic human rights and fundamental rights if the law enforcement and intelligence activities are conducted in an illegal, unreasonable and improper manner. The duties, functions, liabilities and rights of these law enforcement and intelligence agencies must be specified in an unambiguous and proper manner. There is no scope for any sort of ambiguity in these functions of the State.

For instance, the British Security Service is one of three intelligence services or “Agencies”. These include the Secret Intelligence Service (SIS), commonly known as MI6, the Governmental Communications Headquarters (GCHQ), and the Security Service (MI-5). While there are significant differences between the British and US legal structures for law enforcement and intelligence services, MI6 is most like the CIA, GCHQ resembles the NSA, and the Security Service most closely resembles the FBI. All of them are constituted under duly enacted legislative frameworks.

Surprisingly, India has taken a very strange approach in this regard. The CBI, IB and RAW in India represent a case in which there is almost no law to look at. Further, there is no legally tenable mechanism that can keep an eye upon these agencies and their functioning. With the enactment of National Investigation Agency Act, 2008 some steps have been taken in this regard. However, the viability and constitutionality of this Act is yet to be checked. When the Center encroaches upon the powers of the States, constitutional crisis and disputes are bound to arise.

The winter session of the Parliament is approaching soon and a holistic and sensible approach in this crucial direction would go a long way in providing a durable law enforcement and intelligence agencies legal framework in India.

AUTHOR: B.S.DALAL

SOURCE: MYNEWS