Mains Practice Questions

Introduction

The National Investigation Agency (NIA) was established under the NIA Act, 2008, following the 26/11 Mumbai attacks to act as India's premier counter-terrorism law enforcement agency.

• While the NIA has been effective in tackling terrorism, its growing powers—particularly after the 2019 Amendment—have raised concerns about its impact on India’s federal structure.

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Efficacy of NIA in Addressing National Security Challenges:

• Strengthening Counter-Terrorism Mechanisms
  • It has registered 640 cases since its inception, has recorded a conviction rate of 95.23% in 147 cases which have been decided by courts
    • Expansion of mandate under the 2019 Amendment has empowered NIA to investigate cases beyond Indian borders, bolstering India's counter-terrorism efforts globally.
• Enhancing Investigation and Prosecution Capabilities
  • The establishment of 51 Special NIA Courts, including exclusive courts in Ranchi and Jammu, has ensured faster trials in terrorism-related cases.
    • Use of advanced forensic techniques and big data analytics through the National Terror Data Fusion & Analysis Centre (NTDFAC) has enhanced investigative efficiency.
• Tackling Terror Financing and Fake Currency Networks
  • As the nodal agency for investigating terror financing and fake currency, NIA has cracked down on illicit money flows that fund terrorism.
    • The Terror Funding and Fake Currency (TFFC) Cell has been instrumental in dismantling hawala networks and seizing terror-linked assets.
  • International cooperation through Joint Task Forces (JTFs) with Bangladesh and Nepal has helped curb cross-border financial crimes.
• Expanding International Cooperation
  • Participation in Joint Working Groups (JWGs) on counter-terrorism with 26 countries has facilitated intelligence sharing and training programs.
    • Hosted the ‘No Money for Terror’ (NMFT) Conference in 2022, bringing together 78 countries and 16 multilateral organizations to discuss global terror financing threats.

NIA has strengthened India’s federal structure:

• Improved National Security Coordination:
  • NIA complements state law enforcement agencies in handling complex terrorism cases, ensuring a unified national security approach.
    • Capacity building initiatives for state police forces enhance local counter-terrorism capabilities.
• Speedier Investigation and Trials:
  • Establishment of Special NIA Courts has reduced delays in prosecution.
    • Standardized investigation protocols ensure consistency and professionalism in handling terrorism-related cases.
• Reduction in Political Interference in Terror Cases:
  • Terrorism cases are often cross-border and inter-state, requiring a centralized agency like NIA to avoid jurisdictional conflicts.

However, concerns remain about erosion of federalism:

• Bypassing State Governments:
  • The 2019 Amendment allows NIA to take over cases from state police without state consent, diluting state autonomy.
    • NIA can attach properties linked to terror funding without requiring state government approval.
• Over-Centralization of Power:
  • The Central Government alone decides which cases the NIA will investigate, raising concerns of political bias in case selection.
    • Lack of independent oversight raises the risk of misuse of power.
• Limited Role for State Law Enforcement:
  • NIA's direct intervention in state matters weakens local law enforcement, creating an imbalance in federal responsibilities.
    • Unlike CBI, which requires state government consent for investigations, NIA has unilateral authority under the NIA Act.

Conclusion

The NIA has significantly bolstered India's counter-terrorism framework through high conviction rates, international collaboration, and advanced investigative tools. However, concerns over federalism, stemming from limited state authority in investigations, can be mitigated through well-structured institutional reforms and enhanced accountability mechanisms.