Natgrid And NIA Became More Obscure And Unconstitutional

Accountability and transparency are two words that do not apply to Indian law enforcement and intelligence agencies. India has chosen to stick to the British legacy of non transparency. Whether it is laws like official secrets act, Indian telegraph act or the accountability of Indian law enforcement and intelligence agencies, Indian government has even surpassed the Britishers in this regard.

Instead of strengthening the transparency and Parliamentary scrutiny, India is further making these agencies more unaccountable and lawless. The right to information act 2005 (RTI Act 2005) is the sole transparency law of India that needs further amendments and strengthening. However, the proposed right to information rules 2010 instead of strengthening the RTI Act, 2005 took steps that are retrograde in nature.

Firstly, India amended the cyber law of India through the draconian information technology amendment act 2008 that empowered Indian government and its agencies with unconstitutional e-surveillance, internet censorship and website blocking powers. Subsequently, it made the RTI Act 2005 weaker and redundant.

Now Indian government has announced that Central Bureau of Investigation (CBI), national investigation authority of India (NIA) and national intelligence grid (Natgrid) would be exempted from the applicability of RTI Act, 2005. The constitutional validity of national investigation agency act, 2008 (NIA 2008) is still doubtful and CBI and Natgrid are not governed by any law at all. Even the proposed central monitoring system of India is without any parliamentary oversight.

Whether it is CBI or Intelligence Agencies of India, none of them are presently Accountable to Parliament of India, informs Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and CEO of exclusive Human Rights Protection Centre for Cyberspace in India. This casts a doubt about the Impartiality and Transparency of these Agencies, suggests Dalal. Exempting these Agencies without any parallel “Parliamentary Oversight” is against the provisions of Indian Constitution, informs Dalal.

In these days the role of Indian Parliament has been reduced to almost nothing. Important laws are never passed and existing laws like the cyber law of India have been made e-surveillance instrumentality for Indian government and its agencies. The Parliament of India needs to take its legislative role seriously, at least now.

Notification Of Joint Drafting Committee To Prepare Draft Lokpal Bill

Ministry of law and justice has finally issues the official gazette notification constituting the joint drafting committee to prepare draft of the Lokpal Bill. The Bill would be placed in the next session of Parliament.

The joint committee would be headed by Finance Minister Pranab Mukherjee and former law minister Shanti Bhushan would act as the co-chairman of the committee. The joint drafting committee will consist of five nominee ministers of the Government of India and five nominees of Anna Hazare, including himself.

The five Ministers are Pranab Mukherjee, P. Chidambaram, Veerappa Moily, Kapil Sibal and Salman Khursheed. The five civil society members are Anna Hazare, Justice N. Santosh Hegde, Shanti Bhushan, Prashant Bhushan and Arvind Kejriwal.

The joint drafting committee will commence its work forthwith and involve its own procedure to prepare the proposed legislation. The joint drafting committee shall complete its work latest by June 30.

This is a good step in the right direction, says Praveen Dalal, a Supreme Court Lawyer and managing member of India’s first RTI Helpdesk. The best part of this Notification is that it is flexible as it allows the Committee to follow its “own procedure”. Thus, expert opinion of others can also be taken and they can be a part of the same as the “invitee members” of the Committee, informs Dalal. Further, the Committee has to act in a “time bound manner” and this would also ensure early draft of the proposed Lokpal Bill of India, suggests Dalal.

Corruption has increased dramatically in India and legislations like Lokpal Bill and institutions like Lokayukta would go a long way in reducing the same. Further, laws like right to information act, 2005 go a long way in bringing transparency in the governmental dealing of India.

Recently, the right to information rules, 2010 were drafted by the Indian government. However, according to RTI experts like Praveen Dalal they are retrograde in nature. India needs an “optimum combination” of RTI Act 2005, Lokpal Law and Lokayukta Organisations, suggests Dalal.

Now the Committee for Lokpal Bill has been constituted, many reforms can be anticipated. However, the views and opinions of other experts and public at large must also be taken before the final Lokpal Bill is presented in the Parliament of India.