The Congress driven Chhattisgarh Government moved the Supreme Court to pronounce the NIA (National Investigation Agency Act, 2008) as unconstitutional today on January 15, 2019.

The Chhattisgarh government is the first state government to challenge the Act. The move comes a day after the Kerala government tested the CAA (Citizenship Amendment Act, 2019) under Article 131 of the Constitution of India, 1949. The Chhattisgarh government has filed a unique suit under Article 131 of the Constitution, which accommodates the state to move directly to the Supreme Court in issues of contest against the Centre. 

In the request the state government stated, “The plaintiffs (state) submit that the NIA Act is ultra vires to the Constitution and is past authoritative capability of Parliament since the Act enables the respondent (Center) to make an agency for investigation, which, notwithstanding the NIA, is completed by state police, which is a topic of the state under Entry 2, List 2, Schedule 7, of the Constitution.” 

The suit documented through Standing Counsel of the State, Sumer Sodhi said that the NIA Act in its present structure not just removes the intensity of directing investigation by the plaintiffs (state) through police but additionally gives “unfettered, discretionary and arbitrary powers” on the litigant (Centre). 

“Additionally, there are no guidelines administering the activity of forces which gives sufficient prudence to the litigant to practice its capacity at any crossroads without giving any explanation or support to the same,” the request said. 

The state government said the provisions of the Act rules out coordination and pre-condition of assent in any structure by the Central government from the state government, which unmistakably is against state power as provided under the Constitution. 

Author: Swetalana Rout