The purpose of legislature is to enact appropriate
laws and the same is implemented by the executive branch of the
government. However, if legislature fails to fulfill its
constitutional duties and executive usurps the powers of legislature,
a constitutional deadlock is inevitable.
For too long techno legal experts like Praveen
Dalal have been stressing that law enforcement agencies
and intelligence agencies of India must not only be regulated through
a legal framework but they must also be bound by parliamentary
oversight. However, Indian government preferred to keep this crucial
aspect under the carpet.
The 10
Point Legal Framework for Law Enforcement and Intelligence Agencies
in India by Perry4Law was submitted to Indian government
in the past. It is a framework prescribed by Perry4Law
in September 2009 to Government of India and the first of its kind in
India.
However, the Indian Government failed to act on the
same in a timely manner and questions
about its intention to make law enforcement agencies like
Central Bureau of Investigation (CBI) independent kept on arising.
The Supreme Court of India has even given a deadline
to Indian Government to formulate a Law for CBI. Reacting to this
deadline, the Indian
government has set up a Group of Ministers (GoM) to draft a law for
CBI. However, that once again proved to be another time
gaining exercise by Indian Government.
In a recent
judgment (PDF), the constitution
of CBI was held Unconstitutional by Gauhati High Court.
The Division Bench of Gauhati High Court has endorsed the views that
have been expressed by selective few legal experts of India like
Praveen Dalal. According to experts like Praveen Dalal, the decision
of Gauhati High Court declaring CBI Unconstitutional is Legally
Sustainable.
The Central Government has decided to file an appeal
against the order of Gauhati High Court in the Supreme Court of
India. However, the task would not be as simple as the Central
Government is anticipating as the position taken by the Gauhati High
Court is legally tenable.
