The Union Government of India on 3 February 2012 notified the setting up of the anti-terror body called National Counter Terrorism Centre (NCTC). NCTC will have the power to carry out operations including arrest, search and seizure. It will draw its functional power of search and seizures under the provisions of the UAPA (Unlawful Activities (Prevention) Act. It will work as an integral part of Intelligence bureau.
The notification mandates the terror-fighting agencies to share their inputs with NCTC and it also appoints the director and his core team. Director of NCTC will have full functional autonomy and he will have the power to seek information on terror from National Investigation Agency, NATGRID, intelligence units of CBI, National Technical Research Organisation and directorate of revenue intelligence in addition to all seven central armed police forces including NSG. He will report to the IB chief and the home ministry. The notification was issued under the Article 73 of the Constitution of India.
Article 73 in The Constitution Of India 1949
73. Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of India by virtue of any treaty on agreement: Provided that the executive power referred to in sub clause (a) shall not, save as expressly provided in this constitution or in any law made by Parliament, extend in any State to matters with respect in which the Legislature of the State has also power to make laws
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution Council of Ministers
No comments:
Post a Comment