National Counter Terrorism Centre (NCTC)

Provisions:

·         National Counter Terrorism Centre (NCTC), an agency to maintain data of terror modules, terrorists, their associates, friends, families and supporters.
·         The NCTC will derive powers from the Unlawful Activities (Prevention) Act (UAPA), which allows central government agencies to make arrests or searches in terror-related cases while keeping state police concerned into the loop.
·         The NCTC will also have the power to seek information, including documents, reports, transcripts, and cyber information from any agency, including from the Central Bureau of Investigation (CBI), National Investigation Agency, NATGRID, National Technical Research Organization, Directorate of Revenue Intelligence and all seven central armed police forces including the National Security Guard (NSG).
·         The agency has worked out on the model of the US' similar body aimed at combating terrorism by collecting and analysing threats, sharing the inputs and information with other agencies and converting this into actionable data.
·         The counter-terrorism agency will be a separate body located in the Intelligence Bureau under the control of the home ministry.
·         It will draw up plans and coordinate actions for counter terrorism" and will integrate intelligence pertaining to terrorism, analyse the same
·         The head of the NCTC will be called director and will be an officer in the rank of additional director IB.

Objections:

1. The Congress government at the centre will use the NCTC to target non-Congress states
2. The issue of NCTC have not been discussed with the opposition/states. This has been pattern since the case of nuclear issues alone. The decision to establish NCTC took 22 excruciating months; still it is not being discussed with any state government. 
3.  The NCTC will infringe on the rights of the states stems from the fact that despite facing decades of insurgency and terrorism, India has failed to look at how our Constitution should strengthen our hands in fighting this twin malaise.
4. The next objection is about multiplicity of agencies involved in counter-terrorism. While Multi Agency Centre (MAC) hitherto run by the Intelligence Bureau is to be subsumed into NCTC. But organizations like the National Investigation Agency (NIA) and the National Intelligence Grid (NATGRID) will continue functioning independently albeit all intelligence agencies are to provide inputs to NCTC.
5. The power to arrest and seize, vested with the Joint Secretary in the Home Ministry and the State Home Secretary, was now sought to be transferred to IB officers in the NCTC. This can be misused against the state governments.

Oppositions:

Ø  Mr. Narendra Modi, Chief Minister, Gujarat - The order was an attack on the federal structure of the country. The Centre did not even bother to consult the State governments. It had infringed on the rights and powers of the State by issuing the order. He said that under the order, all the intelligence agencies would have to carry out an assisting role to the NCTC, which would also have the powers to arrest and search.
In the name of fighting terror and Naxalism, the Centre was out to violate the federal structure of the Constitution under which law and order was placed as a State subject and the State governments given the powers to maintain law and order and manage the police force. But the NCTC order was a clear attack on the State's rights and powers and straight violation of the federal spirit of the constitution.
Suggestion - There is need to develop trust among the States and to have a single strategy with political willpower to battle problems like terror and Naxalism.

Ø  Mr. Shivraj Singh Chouhan, Chief Minister, Madhya Pradesh - Centre's decision a serious setback to the federal structure of the country. Law and order issues are subjects of the State. The Centre is gradually trying to increase its intervention in the affairs of the States.

Ø  Prem Kumar Dhumal, Chief Minister, Himachal Pradesh - The move was another attempt to usurp the powers of the States. Whenever an incident of terrorism takes place, the Centre comes out with another investigating agency to divert the attention of the people and infringes upon the rights of the State, weakening the federal structure. The powers given to the CBI to investigate cases without nod from the State government and constitution of the National Investigation Agency (NIA) had trampled upon the rights of the States. Instead of fighting terror, the UPA government was trying to arm itself with powers to dilute the country's federal structure. Noting that multiplication of agencies and interference in the functioning of States would not help in curbing terrorism.

Ø  Ms. Mamta Banerjee, Chief Minister, West Bengal - It is difficult for the State government to accept such arbitrary exercise of power by the Central government/Central agencies, which have a bearing on the rights and privileges of the State as enshrined in the Constitution. They say the Centre's counter-terror blueprint violates principles of federalism and encroaches upon the turf of the States.

Ø  Mr. Naveen Patnaik, Chief Minister, Odisha – He asked the Prime-Minister to “review and withdraw” the February 3, 2012 order notifying the NCTC. The UPA government was issuing “authoritarian orders” without consulting the States. Asking the Prime Minister to review the order which had “draconian overtones,” Mr. Patnaik said the people were aware of their democratic and federal rights, which, at times, had to be underlined by the State governments to the Union government.

Ø  Ms. Jayalalithaa, Chief Minister, Tamilnadu - The proposed anti-terror body suffered from “deficiencies” and includes provisions that tantamount to usurping the legitimate rights of the States. The power to arrest and seize, vested with the Joint Secretary in the Home Ministry and the State Home Secretary, was now sought to be transferred to IB officers in the NCTC. This is highly objectionable and can be misused to suit ends that are motivated by reasons other than fighting terror. Moreover, setting up of inter-State intelligence teams is tantamount to usurping legitimate rights of the States.

Ø  Bihar Chief Minister Nitish Kumar also opposed the Centre's move. Punjab Chief Minister Parkash Singh Badal said it was a measure to usurp whatever was left of the States' authority in governance. Chhattisgarh Chief Minister Raman Singh opposed the Centre's notification.

Ø  TDP chief, N. Chandrababu Naidu - Requested Prime Minister to withdraw the order and initiate debate with political parties and State governments along with a discussion in Parliament on this “vital issue affecting Centre-State relations.” Mr. Naidu took exception to the provision in the order empowering the Director, NCTC, specified as Designated Authority under Section 2 (e) of the Unlawful Activities (Prevention) Act, 1967 and his officers to arrest and conduct searches without prior consultation with the States. “It is inexplicable that such an important order, having ramifications over the Centre-State relations, has been issued without consulting the State governments and political parties.”