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11. Gujarat 1986
12. Punjab 1995
13. Delhi 1995
14. Kerala 1999
15. Jharkhand 2001
16. Chattisgarh 2002
17. Haryana 2002
18. Uttarakhand 2002
19. Jammu and Kashmir3b 2002
20. West Bengal 2003
21. Tripura 2008
22. Goa 2011
The various aspects of the institution of lokayukta are:
Structural Variations
The structure of the lokayukta is not same in all the states. Some
States like Rajasthan, Karnataka, Andhra Pradesh and Maharashtra
have created the lokayukta as well as upalo-kayukta, while some
others like Bihar, Uttar Pradesh and Himachal Pradesh have created
only the lokayukta. There are still other states like Punjab and Orissa
that have designated officials as Lokpal. This pattern was not
suggested by the ARC in the states.
Appointment
The lokayukta and upalokayukta are appointed by the governor of
the state. While appointing, the governor in most of the states
consults (a) the chief justice of the state high court, and (b) the leader
of Opposition in the state legislative assembly4 .
Qualifications
Judicial qualifications are prescribed for the lokayukta in the States of
Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa,
Karnataka and Assam. But no specific qualifications are prescribed in
the states of Bihar, Maharashtra and Rajasthan.
Tenure
In most of the states, the term of office fixed for lokayukta is of 5
Jurisdiction
There is no uniformity regarding the jurisdiction of lokayukta in all the
states. The following points can be noted in this regard:
(a) The chief minister is included within the jurisdiction of lokayukta
in the states of Himachal Pradesh, Andhra Pradesh, Madhya
Pradesh and Gujarat, while he is excluded from the purview of
loka-yukta in the states of Maharashtra, Uttar Pradesh,
Rajasthan, Bihar and Orissa.
(b) Ministers and higher civil servants are included in the purview of
lokayukta in almost all the states. Maharashtra has also
included former ministers and civil servants.
(c) Members of state legislatures are included in the purview of
lokayukta in the States of Andhra Pradesh, Himachal Pradesh,
Gujarat, Uttar Pradesh and Assam.
(d) The authorities of the local bodies, corporations, companies and
societies are included in the jurisdiction of the lokayukta in most
of the states.
Investigations
In most of the states, the lokayukta can initiate investigations either
on the basis of a complaint received from the citizen against unfair
administrative action or suo moto. But he does not enjoy the power to
start investigations on his own initiative (suo moto) in the States of
Uttar Pradesh, Himachal Pradesh and Assam.
Scope of Cases Covered
The lokayukta can consider the cases of ‘grievances’ as well as
‘allegations’ in the States of Maharashtra, Uttar Pradesh, Assam,
Bihar and Karnataka. But, in Himachal Pradesh, Andhra Pradesh,
Rajasthan and Gujarat, the job of lokayuktas is confined to
investigating allegations (corruption) and not grievances
(maladministration).
Other Features
1. The lokayukta presents, annually, to the governor of the state a
consolidated report on his performance. The governor places
state legislature. The lokayukta is responsible to the state
legislature.
2. He takes the help of the state investigating agencies for
conducting inquiries.
3. He can call for relevant files and documents from the state
government departments.
4. The recommendations made by the loka-yukta are only
advisory and not binding on the state government.
NOTES AND REFERENCES
1. According to the Chambers Dictionary, grievance means ‘a
ground of complaint; a condition felt to be oppressive or
wrongful’.
2. The ARC headed by Morarji Desai submitted a special
interim report on the ‘Problems of Redressal of Citizens’
Grievances’ in 1966.
3. Press Information Bureau, Government of India, December
23, 2013.
3a. Tixmann’s Guide to Lokpal and Lokayuktas Act 2013, pp.I-
9 to I-11.
3b. In Jammu and Kashmir, the institution is known as State
Accountability Commission (SAC).
4. But, in Andhra Pradesh, the leader of the Opposition in the
state legislative assembly is not required to be consulted in
this regard. In Karnataka, on the other hand, the Chairman
of the state legislative council, the Speaker of the state
legislative assembly and the leader of Opposition in the
state legislative council are also required to be consulted
62 National Investigation Agency
ESTABLISHMENT OF THE NIA
The National Investigation Agency (NIA) was constituted in 2009
under the provisions of the National Investigation Agency Act,
2008 (NIA Act). It is the central counter-terrorism law enforcement
agency in the country.
The NIA was established in the backdrop of the 2008 Mumbai
terror attacks, popularly known as the 26/11 incident. This national
horror led to the realisation of the need for a separate federal
agency to deal with terror-related crimes in the country.
The headquarters of the NIA is at New Delhi. The branch
offices of the NIA are located at Hyderabad, Guwahati, Mumbai,
Lucknow, Kochi, Kolkata, Jammu and Raipur. In addition, the NIA
has a separate specialised cell known as TFFC Cell dealing with
the subjects of fake currency notes and terror funding.
The NIA is headed by a Director-General. He is appointed by
the central government. His powers are similar to the powers
exercisable by a Director-General of Police in respect of the police
force in a state.
The NIA works under the administrative control of the Ministry
of Home Affairs, Government of India. The state government
RATIONALE OF THE NIA
While introducing the NIA Bill in the Parliament, the Government
of India gave the following reasons for creating the NIA1 :
1. Over the past several years, India has been the victim of
large-scale terrorism sponsored from across the borders.
There have been innumerable incidents of terrorist attacks,
not only in the militancy and insurgency affected areas and
areas affected by left-wing extremism, but also in the form of
terrorist attacks and bomb blasts, etc., in various parts of the
hinterland and major cities, etc.
2. A large number of such incidents are found to have complex
inter-state and international linkages, and possible
connection with other activities like the smuggling of arms
and drugs, pushing in and circulation of fake Indian currency,
infiltration from across the borders, etc.
3. Keeping all these in view, it was felt that there was a need
for setting up of an agency at the central level for the
investigation of offences related to terrorism and certain
other Acts, which have national ramifications.
4. Several expert committees and the Second Administrative
Reforms Commission2 have also made recommendations
for establishing such an agency.
5. The Government, after due consideration and examination
of the issues involved, proposed to enact a legislation to
make provisions for establishment of an NIA in a concurrent
jurisdiction framework, with provisions for taking up specific
cases under specific Acts for investigation. These provisions
FUNCTIONS OF THE NIA
The NIA is mandated to investigate and prosecute offences under
the various Acts mentioned in the Schedule of the NIA Act. In
pursuance of its mandate, the NIA collects, collates and analyses
counter-terrorism investigation. It also shares inputs with its sister
intelligence agencies and law enforcement units both at central
and state governments level.
In more detail, the functions assigned to the NIA are as follows3
:
(a) To investigate and prosecute offences in respect of the Acts
specified in the Schedule of the NIA Act.
(b) To provide assistance to, and seek assistance from, other
intelligence and investigation agencies of the central
government and state governments.
(c) To take other such measures which may be necessary for
VISION OF THE NIA
The following points highlight the vision of the NIA:
1. The NIA aims to be a thoroughly professional investigative
agency matching the best international standards.
2. The NIA aims to set the standards of excellence in counter-
terrorism and other national security-related investigations at
the national level by developing into a highly trained,
partnership-oriented workforce.
3. The NIA aims at creating deterrence for existing and
potential terrorist groups/ individuals.
4. The NIA aims to develop as a storehouse of all terrorist-
related information.
MISSION OF THE NIA
The mission of the NIA is as follows:
1. In-depth professional investigation of scheduled offences
using the latest scientific methods of investigation and
setting up such standards as to ensure that all cases
entrusted to the NIA are detected.
2. Ensuring effective and speedy trial.
3. Developing into a thoroughly professional, result-oriented
organisation, upholding the Constitution of India and laws of
the land, giving prime importance to the protection of human
rights and dignity of the individual.
4. Developing a professional workforce through regular training
and exposure to the best practices and procedures.
5. Displaying scientific temper and progressive spirit while
discharging the duties assigned.
6. Inducting modern methods and latest technology in every
sphere of activities of the agency.
7. Maintaining professional and cordial relations with the
governments of states and union territories and other law
enforcement agencies in compliance with the legal
provisions of the NIA Act.
8. Assisting all states and other investigating agencies in
investigation of terrorist cases.
9. Building a database on all terrorist-related information and
sharing the available database with the states and other
agencies.
10. Studying and analysing laws relating to terrorism in other
countries and regularly evaluating the adequacy of existing
laws in India and proposing changes as and when
necessary.
JURISDICTION OF THE NIA
The NIA has concurrent jurisdiction to investigate and prosecute
the offences affecting the sovereignty, security and integrity of
India, security of state, friendly relations with foreign states and
offences under various Acts enacted to implement international
treaties, agreements, conventions and resolutions of the UNO, its
agencies and other international organisations.
The NIA is empowered to probe terror attacks including bomb
blasts, hijacking of aircrafts and ships, attacks on nuclear
installations and use of weapons of mass destruction.
In 2019, the jurisdiction of the NIA was extended4.
Consequently, the NIA is also empowered to probe the offences
relating to human trafficking, counterfeit currency or bank notes,
manufacture or sale of prohibited arms, cyber-terrorism and
explosive substances.
NIA (AMENDMENT) ACT, 2019
The various features or provisions of the amendment are as
follows5 :
1. It applied the provisions of the NIA Act also to persons who
commit a scheduled offence beyond India against Indian
citizens or affecting the interest of India.
2. It provided that the officers of the NIA shall have the similar
powers, duties, privies and liabilities being exercised by the
police officers in connection with the investigation of
offences, not only in India but also outside India.
3. It empowered the central government, with respect to a
scheduled offence committed outside India, to direct the NIA
to register the case and take up investigation as if such
offence has taken place in India.
4. It provided that the central government and the state
governments may designate Sessions Courts as Special
Courts for conducting the trial of offences under the NIA Act.
5. It inserted certain new offences in the Schedule of the NIA
Act6 .
NOTES AND REFERENCES
1. Based on the statement of objects and reasons
appended to the NIA Bill, 2008.
2. The second Administrative Reforms Commission
(Chairman: Veerappa Moily), 2005–09, in its report
entitled ‘Combating Terrorism’ (2008).
3. The National Investigation Agency (Manner of
Constitution) Rules, 2008.
4. Vide the NIA (Amendment) Act, 2019.
5. Based on the Statement of Objects and Reasons
appended to the NIA (Amendment) Bill, 2019.
63 National Disaster Management
Authority
ESTABLISHMENT OF THE NDMA
The Government of India, recognising the importance of disaster
management as a national priority, had set up a High Powered
Committee in 1999 and a National Committee in 2001 after the
Gujarat earthquake, to make recommendations on the preparation
of disaster management plans and suggest effective mitigation
mechanisms. However, after the Indian Ocean tsunami of 2004,
the Government of India took a defining step in the legislative
history of the country by enacting the Disaster Management Act,
20051 .
The Act provided for the creation of the National Disaster
Management Authority (NDMA) to spearhead and implement a
holistic and integrated approach to disaster management in the
country. Initially, the NDMA was constituted in 2005 by an
Executive Order of the Government of India. Subsequently, the
NDMA was notified in 2006 under the provisions of the Act2 .
The NDMA consists of a chairperson and other members, not
exceeding nine. The Prime Minister is the ex-officio chairperson of
the NDMA. The other members are nominated by the chairperson
of the NDMA. The chairperson of the NDMA designates one of the
members as the vice-chairperson of the NDMA. The vice-
chairperson has the status of a Cabinet Minister while the other
members have the status of a Minister of State.
The NDMA is the apex body for disaster management in the
country. It works under the administrative control of the Union
Ministry of Home Affairs.
The NDMA was established with this vision: ‘To build a safer
and disaster resilient India by a holistic, pro-active, technology
OBJECTIVES OF THE NDMA
The objectives of the NDMA are as follows:
1. To promote a culture of prevention, preparedness and
resilience at all levels through knowledge, innovation and
education.
2. To encourage mitigation measures based on technology,
traditional wisdom and environmental sustainability.
3. To mainstream disaster management into the developmental
planning process.
4. To establish institutional and techno-legal frameworks to
create an enabling regulatory environment and a compliance
regime.
5. To ensure efficient mechanism for identification, assessment
and monitoring of disaster risks.
6. To develop contemporary forecasting and early warning
systems backed by responsive and failsafe communication
with information technology support.
7. To ensure efficient response and relief with a caring
approach towards the needs of the vulnerable sections of
the society.
8. To undertake reconstruction as an opportunity to build
disaster resilient structures and habitat for ensuring safer
living.
9. To promote a productive and proactive partnership with the
FUNCTIONS OF THE NDMA
The NDMA has the responsibility for laying down the policies,
plans and guidelines for disaster management for ensuring timely