Q. Discuss Indian Federal System and Centre State Administrative Relation with special reference to National Counter-Terrorism Centre (NCTC). [BPSC-2012]
Ans:
- The concept of NCTC was conceived after the 26/11 Mumbai attack, where several intel- ligence and operational failures revealed the need for federal agencies with real time intelligence inputs of actionable value, specifically to counter terrorist acts.
- NCTC, conceived by the then Home Minister P Chidambaram, was mooted to be an apex body with single effective point of control for all counter terrorism measures.
- It was modelled on the lines of American and British bodies. NCTC was to be kept under the administrative control of IB.
- The concept of NCTC faced criticism on the following points:
- As per the constitutional provisions, law and order is a state subject. The powers conferred on the NCTC to search, arrest individuals and carry out independent investigations without involving the State Government is viewed as an infringement on the states’ powers and has raised a political storm.
- The principle of not granting the power of arrest to intelligence agencies has also been violated. This may lead to many operational problems for the intelligence agencies.
- The NCTC could be an ideal intelligence agency for handling all counter rerrorism related intelligence. For this, we need a strategic planning body, investigations and an execution arm besides the intelligence outfit.
- However, a planning body needs to be separated from the execution agencies and each must be placed under an appropriate professional head.
- Where an operation is required to be launched to search, apprehend or arrest a militant, it would be prudent to incorporate the state police to get local help, including for navigation, translators, medical aid and handling of dead, wounded and other legal issues. Sustained investigations, including surveillance, would be difficult to carry out without the help of the local police.
- Role of State Police in Prevention, Containment and Investigations can’t be Ignored:
- Prevention, containment and investigations leading to punishment are three distinct stages of counter terrorism.
- Prompt and actionable intelligence alone cannot prevent a terrorist attack.
- Effective policing, reliable technical infrastructure to monitor and counter a threat instantaneously and people’s efforts are the other sides of the same coin.
- Hence, the questions: Who would do the policing or monitor the inputs from the technical infrastructure installed in an area? Who would integrate the efforts of the public? How would these be accomplished without the involvement of the local police and the state government? The first person to reach the site of a terrorist attack would invariably be the local police.
- Once a terrorist attack happens, the resources needed to contain violence, manage the crowd and traffic besides preventing terrorist acts yet to be executed are beyond the capability of a central agency.
- Preservation of evidence, securing witnesses, managing the media and the relatives and friends of the deceased, etc. are other dimensions of the problem which can only be handled by the state police. Why should the states then not be part of the investigations?
- The capability of the state police should be enhanced and intelligence, surveillance, sophisticated weapons, modern technologies and trained manpower should be augmented.
- Unified Control and Effective Coordination with State Police
- For administrative efficiency, unified control is always better provided there is political unanimity on this.
- But, in a federal structure, it is not easy. It would be more prone to misuse, which would be dangerous for the country in the long term.
- So, this centralised agency should work in coordination with the state police and not independently. Therefore, we can say that the centralised approach for NCTC is not acceptable to the states. Hence, we need a balanced approach with more local involvement.
