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National Investigation Act, 2008
January 18 , 2020
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- The Chhattisgarh government moved the Supreme Court against the National Investigation Act, 2008 stating it is violative of the Constitution.
- This is the second instance in recent times when a state has sought to challenge a central legislation under Article 131 of the Constitution.
- Recently, the Kerala government moved the Supreme Court against the Citizenship (Amendment) Act.
About NIA Act
- The law governs the functioning of India’s premier counter-terror agency.
- It was introduced by then home minister P.Chidambaram in the wake of the 26/11 Mumbai terrorist attacks.
- It gives the NIA powers to take suo motu cognisance of terror activities in any part of India and register a case, to enter any state without permission from the state government, and to investigate and arrest people.
- ‘Police’ is an entry in the State List of the Constitution’s 7th Schedule.
- The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute.
- The agency can now investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908.
- The Unlawful Activities (Prevention) Amendment (UAPA), also passed in 2019, allows an NIA officer to conduct raids, and seize properties that are suspected to be linked to terrorist activities without taking prior permission of the Director General of Police of a state.
- The investigating officer only requires sanction from the Director General of NIA.
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