National counter terrorism centre (NCTC) of India is an initiative taken by the home ministry of India to tackle the growing menace of terrorism in India. However, it is a very sensitive constitutional issue where states are not in a mood to let centre start this initiative.The constitutionality of the national investigation agency act 2008 is still doubtful and new projects like national intelligence grid (Natgrid), national counter terrorism centre (NCTC), etc are also treading on similar path.
There are obvious practical difficulties for the establishment of NCTC in India. Not only centre state relationship in this regard is at crossroad but even there is an internal rift among various ministries that need to be sorted out.
According to Praveen Dalal, leading techno legal expert of Asia and Managing Partner of India’s exclusive techno legal ICT Law Firm Perry4Law, there are many “practical difficulties” that may prevent the actual implementation of the much needed NCTC of India. Presently intelligence agencies of India are operating under different Department/Ministries and there would be a “reluctance” to submit to the centralised NCTC of India, suggests Dalal.
Besides practical difficulties, lack of proper Legal Framework is also a big shortcoming of projects like NATGRID, NCTC, etc opines Praveen Dalal. Indian Government is simply “tying up” Projects with existing Legal Frameworks although they require Separate and Constitutionally Sound Legal Frameworks, suggests Dalal.
In the absence of constitutionally sound legal frameworks, states have been opposing opening of NCTC in India. They are claiming that this amounts to violating their constitutional rights and powers.
Of course, the ruling government is trying to pass these projects by tying up the same with existing legal frameworks that is a fallacious policy on their part. This approach is also unconstitutional in nature that can be challenged in Indian courts.
With this attitude and tying up policy, States are well within their rights to challenge the establishment of NCTC in India even though it is absolutely required in India, says Praveen Dalal. It seems the obvious but unsolvable terrorism dilemma in India would continue.
