National counter terrorism centre better known as NCTC is a premier organization designed to deliver an edge to the government in its fight against terrorism. Terrorism is a very widespread and flexible phenomenon. Incidents of terrorism happen every now and then. To counter these threats, it was decided by the present U.P.A. government to establish an organization specifically dedicated to the task of fighting terrorists. It was to work under Intelligence Bureau, and was armed with powers like making arrests to carry out its functions smoothly. However the coming of NCTC has caused quite a stir in the governance sphere in India. Many states have accused that the powers given to NCTC are an encroachment on the powers and a clear violation of the demarcation of powers between centre and state given under the constitution of India. Some voices have arisen that there is no need of NCTC because the existing agencies are adequate to fight terrorism. The Second Administrative Reforms Commission in its June ‘08 report “Combating Terrorism” suggested a federal agency to investigate terror offences under CBI among other recommendations. After the November ‘09 Mumbai terror attacks at the Intelligence Bureau Centenary Endowment lecture the Home Minister P. Chidambaram took the dais to propose the bold new NCTC. Chidambaram ambitiously envisaged a body subsuming NIA, NSG, NTRO etc. together with the Multi Agency Centre supported by the National Intelligence Grid (NATGRID) – accessing about 21 categories of database entries (railway, air travel, income tax, credit card & bank account statements, etc.). However a truncated version within the Intelligence Bureau was approved by the Cabinet Committee on Security in January ’12 empowered under the Unlawful Activities (Prevention) Act for arrests, searches & seizures. CENTRE V/S STATE :
The main cause of the dispute is considered to be section 43(a) of the act which empowers the nctc “to arrest and detain any person if the...
Please join StudyMode to read the full document