News:The Chhattisgarh state government has moved the Supreme Court against the 2008 National Investigative Agency(NIA) Actnstating it is violative of the Constitution.
About the NIA Act,2008:
- National Investigation Agency(NIA) is a central counter terrorism agency established by the Indian Government under the National Investigative Agency (NIA) Act,2008.
- The Act makes the NIA the only truly federal agency in the country along the lines of the FBI in the United States and 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.
Chhattisgarh Government objections:
- The Chhattisgarh government has said that the Act is ultra vires of the Constitution and beyond the legislative competence of the Parliament.
- The 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 act also 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.
About NIA Amendment Bill,2019:
- Parliament has passed the National Investigation Agency (Amendment) Bill,2019.
- The bill enable NIA to additionally investigate offences related to (a)human trafficking (b)counterfeit currency (c)manufacture or sale of prohibited arms (d)cyber-terrorism and (e)offences under the Explosive Substances Act,1908.
- It also gives NIA officers the power to investigate offences committed outside India.But the NIA’s jurisdiction will be subject to international treaties and domestic laws of other countries.
- Further,the bill also enables the Central government to designate sessions courts as special courts for such trials.