“The way things are evolving with the creation of the NIA and NCTC… we seem to be headed towards an autocracy consisting of a government of the Centre, by the Centre, for the Centre,” the Tamil Nadu Chief Minister told a meeting of CMs on the proposed counter-terror body.
Chief Minister Jayalalithaa, while urging the Central government to keep the notification on the National Counter Terrorism Centre (NCTC) in abeyance, wanted it to stop advising the State governments on “principles of administration”.
Apart from endorsing the views of Chief Ministers, such as Narendra Modi, on the “growing distrust” between the Centre and the States, she even chastised the Centre for some of its proposals alleging that it was “usurping the powers of the States”.
Speaking at the meeting of the Chief Ministers on NCTC in New Delhi on Saturday, she asserted “any discussion on NCTC is infructuous as long as the notification of NCTC is in force”. Apart from suggesting a “total overhaul” of the NCTC, she wanted a smaller sub-committee of Chief Ministers set up in this regard.
Ms. Jayalaithaa had a dig at the Prime Minister also pointing out that a global agency had downgraded credit rating on the Indian economy to ‘negative'. “The time has come for the Government of India to concentrate on setting its own house in order rather than spending time advising the State Governments on principles of administration”, she added.
In a speech which pilloried the Home Ministry, she termed its move to establish an Operations Division of NCTC in the Intelligence Bureau (IB) and also equip its Additional Director with the powers of the Designated Authority under the Unlawful Activities Prevention Act, “not only irregular but also not reflective of the views of the group of Ministers and the Administrative Reforms Commission”.
She lamented that according to the proposal the NCTC would be dominated only by the IB and the manner in which its staff is sought to be selected would lead to rifts among various intelligence agencies, which is in itself “clearly a regressive step”.
Ms.Jayalalithaa contended intelligence gathering is dependent on the State police networks since many of the Central agencies are unfamiliar with the language, terrorist activities, etc. “Therefore, sharing of intelligence in a co-ordinated fashion is the right way forward”.
Confining the core group selection to the IB personnel and providing a second grade status to other agencies “is going to spell doom and greatly diminish the level of operational capabilities. A caste structure in a counter terrorism outfit with the IB personnel uppermost in the hierarchy is the best recipe for strengthening the hands of terrorists”.
The Chief Minister alleged that the State Governments were not consulted at all before the NCTC was notified and her Government did not even receive a copy of the order. “Such is the casual attitude displayed by the Ministry of Home affairs, which borders on absolute disdain for the Tamil Nadu State Government”.
“If terrorism is to be fought effectively, a nodal mechanism in the States should co-ordinate with the nodal Central agency on matters of counter terrorism”.
She advocated creation of a “Rapid Action Counter Terrorist Force” in every State, which would function under the nodal State Agency. On receipt of information the nodal State agency should activate the appropriate force to organise the operation in the manner best suited. “State Governments should be given liberal financial assistance by the Centre for raising a counter terrorist force fully equipped with modern weapons and training. This would be, in my opinion, the appropriate strategy for counter terrorist operations”.
Apart from opposing the proposed amendment to the BSF Act, she came down heavily on the National Investigation Agency (NIA) saying it is “clearly a case of the Centre usurping the powers of the States”. “The way things are evolving with the creation of the NIA and NCTC and the proposed amendments to the RPF Act the BSF Act, we seem to be headed towards an autocracy consisting of a Government of the Centre, by the Centre, for the Centre”, she observed. She even opined that NIA deserves to be wound up, if it cannot show any results.
Keywords: NCTC meeting, Jayalalithaa remarks
In an ideal world, the arguments of the CM of TN can be considered to
be wrong and not in the interest of the country. But looking at the
recent goof-ups by the Center, it seems to make some sense. The
Center is trying to get back into the citizens' good books by setting
up the so called NCTC which promises to help prevent terrorism.
Excellent! However, can it promise that the NCTC will be an
organization that will not be steeped in corruption? Or be used as a
tool in the power play between the center and the non-congress
states? in which case, the arguments of Jayalalitha and the other
Non-congress CMs are completely on the right side. A better idea,
perhaps, by the center would have been to setup SCTCs which are
controlled by the states.
And one of the worst way a central government violates state federalism is by misusing the post of governor which of course the current congress government shows with examples on every day basis. To say that what a state government is to central government is what a district collector is to chief minister of state is a remark that is brought out simple lack of knowledge about how the Indian system federal structure is built. Without going into the details of the proposed NCTC, the very idea of central government having powers to arrest and prosecute a state subject supersedes state powers under law and order and violates the constitution. It is for that reason, this law will not stand in court. Also, with constant misuse of IB and CBI and all other federal agencies which even includes Income Tax dept by the central government, how in the hell does people expect chief ministers to support center here !
Whether what MS. Jayalalitha spoke is due to political reasons or purely an administrative concern is not clear. However, it is important for people who are commenting here, to understand that a state government is not a subdivisional governance system for the central government. A state government just like central government is a government elected for, and by the people of those states. Hence in a truly federal structure, Central government cannot impose any laws on states or ask them to abide by any rulings except that the concern involves national security and foreign affairs. However, it is in India that central government acts like big brother for states, starting from redistribution of revenue from one state to another, to controlling the financial outlay to creating plans and controlling funds for state subjects like education, law and order, healthcare, agriculture etc.
now a days., the state govt. behaves like other country instead of part of our country. Ms. JJ says, centre should look for its house, instead of advising the state govt.s on how to do administration. can't a central govt. have rights to advice the state. how she will respond, if one district collector says her to look on only state affairs instead of looking in the district wise..
state govt.s forget that, they get funds from the central govt., and fight for the shares etc.. i dont think, she will comment like this., if she was in a coalition with congress in centre.
All the noise made by Ms.Jayalalitha is purely due to political
rivalry between her and Mr.Chidambaram. Anything Mr.Chidambaram does
will be rejected in all forms. Also to note, Ms.Jayalalitha is an
autocratic leader and it was seen during her last regime in the way
she handled Students, teachers and transportation driver issues. For
some people it is the money that drives them, but for Ms.Jayalalithaa,
it is the power. Hopefully right people ignore her comments and go
ahead to set up a strong NCTC to protect the people of India. I urge
other CM's to consider NCTC and implement it without any delay.
The Centre should appoint a small group of CMS including those who are opposed to NCTC in the present form to study in details the implictions and reservations expressed by the CMs. The Centre should not sit on the ivory tower and look at things. It is absolutely essential that a meaningful consultation is evolved and consensus arrived at. The PM should intervene and set the house in order
It is rather surprising that the Home Ministry had played such a cheap trick. The real intention may be to skip the sending of letter to CM Tamil nadu and as usual they might have thought that Jaya out of prestige would boycott the meeting Then the Home Minister would claim that they actually sent the letter and Jaya is making political capital out of it Normally such letters would be forwared with a covering letter from the Home Secretary to all the Chief Secretaries with copy being sent by FAX
I think it shows that people like Vivek have no idea what they are
talking about. The NCTC was modeled after the similar US agency. The
Indian NCTC has all the same responsibilites as the US agency, except
that Indian side has the power to conduct search and arrest. "The
Power to Conduct Search and Arrest" - with or without the agreement,
consent, information of the state. Second, it is placed under
Intelligence Buerau, which is agency misused for political purposes.
These are radically different from the US agency it was modeled after.
What is the guarantee that the Center actions will not be detrimental
to the States? We already have laws such as Article 356, which gives
the power to the Center to dismiss State governments. What makes you
think this will not be misued by the center in the name of counter-
terrorism. Every non-congress chief minister wants to protect his / her state, but it must be done without infringing the rights.
The need of the hour is a strong centre with more powers to save the country and preserve national integrity from secessional forces and terrorism in the disguise of “regional aspirations” which is not in threat as portraited. The corruption levels in the states are very high at every nook and corner. Creating an anti centre mood among the people will do more harm than the good. The federal structure will only be strengthened by having a strong centre. After all, the central government is not an imposed foreign government. It is an elected government by the people of the nation as a whole keeping the larger interest in mind. Alas! It is a pity to listen the most corrupt chief ministers like jayalalitha are dictating terms to centre in the name of federalism.
Its time that the states think positively and above political gains.
When they are in trouble they just look at the centre for forces to
tackle the situation. Then why not accept the NCTC first and then
amend the same to suit the involvement of the state machinery. Its but
a futile exercise to have a law for such emergency situations without
the control of the centre. Its because the state machinery has failed
that the centre comes into picture in such a situation. Then it is but
natural that the controls will be with the centre. You cant have an
agency funded by the centre and stationed in the states and reporting
to the states. Its a travesty.
Good. An Imperial Centre bent on usurping state power so that it can run its diktat is unacceptable. As Congress loses power in more and more state, they are innovating newer methods to encroach on state's powers. The Centre's modus-operandi is simple; keep the states subservient but ensure they generate central taxes. So states will work and supply money so that Congress can rule at the Centre.
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