Mr. Manish Tewari, Member of Parliament, has introduced a Bill in the Lok Sabha to regulate the functioning and use of power by the Indian intelligence agencies within and outside India and to provide for the coordination, control and oversight of such agencies.
Mr. Manish Tewari, Member of Parliament, has introduced a Bill in the Lok Sabha to regulate the functioning and use of power by the Indian intelligence agencies within and outside India and to provide for the coordination, control and oversight of such agencies.
The Bill, ’The Intelligence Services (Powers and Regulation) Bill, 2011’ was introduced in the just concluded Budget Session of Parliament by Mr. Tewari, an Advisor to Observer Research Foundation.
Reforming India’s intelligence structure was also a part of ORF’s year-long study which was guided by Mr. Tewari. In February this year, ORF, in association with the IDSA, had organised a roundtable on ’Reforming India’s Intelligence Structure’. The roundtable discussed the two reports brought out on the intelligence structure -- the Task Force report by IDSA, headed by Mr. Rana Banerji and the ORF report, 'Locating Intelligence Agencies in a Democratic Framework,' written by Mr. Danish Sheikh.
The fundamental question that was asked in the roundtable was how one can empower the intelligence agencies so that they are equipped with the tools and resources to address the challenges in the 21st century.
Strongly believing that a legislation is imperative to regulate the possible infringement of privacy of citizens while giving credence to security concerns, the Bill, introduced by Mr. Manish Tewari, a senior Supreme Court advocate, seeks to enact a legislation pursuant to Entry 8 of List I of the Seventh Schedule of the Constitution of India to provide the following:
(a) A legislative and regulatory framework for the Intelligence Bureau, the Research and Analysis Wing and the National Technical Research Organisation;
(b) Designated Authority regarding authorization procedure and system of warrants for operations by these agencies;
(c) A National Intelligence Tribunal for the investigation of complaints against these agencies.
(d) A National Intelligence and Security Oversight Committee for an effective oversight mechanism of these agencies; and
(e) An Intelligence Ombudsman for efficient functioning of the agencies and for matters connected therewith.
The Bill stipulates that the day-to-day operation of the R&AW shall be vested in an officer not below the rank of a Secretary to the Government of India who shall be appointed by the Prime Minister and who shall hold office for a period of two years or till he attains the age of sixty-two years, whichever is later.
It also stipulates that the Intelligence Bureau shall function under the control of the Prime Minister. And it shall be the duty of the IB to work for national security in the context of internal conflict and, in particular, provide protection against threats from espionage, terrorist acts organized by other countries within the territory of India with the help of Indian nationals or residents and from actions intended to subvert the Constitution of India by violent means.
The Bill says the National Technical Research Organisation (NTRO) shall function under the control of the Prime Minister. And the Central Government shall, in consultation with the National Intelligence and Security Oversight Committee, appoint an Intelligence Ombudsman from amongst persons having special knowledge in the field of intelligence to address the grievance of the members of staff and officers of the R&AW, the IB and the NTRO.
The day-to-day operation of the NTRO shall be vested in a Chairman who shall be appointed by the Prime Minister and who shall hold office for a period of two years or attaining the age of sixty-two years, whichever is earlier.
The Bill says there shall be constituted a Committee, to be known as the National Intelligence and Security Oversight Committee to examine the administration and compliance of policy laid down under this Act. The Committee shall, unless it is necessary to perform the functions assigned to it under the Act, not go into the operational aspects and sources of intelligence of the functioning of the R&AW, the IB and the NTRO, as the case may be.
The Committee shall consist of the following:
(a) the Chairman of the Council of States, Chairperson;
(b) the Speaker of the House of the People, Member;
(c) the Prime Minister, Member;
(d) the Minister of Home Affairs, Member;
(e) the Leader of Opposition in the House of the People, Member;
(f) the Leader of Opposition in the Council of States; Member; and(g) one member each from the House of the People and the Council of States to be nominated by the Presiding Officers of the respective Houses, as members.
The Committee shall submit an annual report on their functioning to the Prime Minister and may at any time report to him on any matter relating to discharge of those functions.
The Bill also envisages establishing a tribunal to be known as the National Intelligence tribunal, under the chairmanship of a sitting or retired Supreme Court judge, for the purpose of investigating complaints against the R&AW, the IB or the NTRO.
For a copy of the Bill, click here
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