The State of Chhattisgarh has filed a plaint against the Union of India challenging the constitutionality of the National Investigation Agency (NIA) Act, 2008. A division bench of the Gauhati High Court, presided over by Justice Ansari, had struck down the resolution through which the CBI was set up, and held all its actions as “unconstitutional”. have been... We are living in a connected world where information and communication Thus, strengthening the functioning of NIA without reducing the power of states. are not easy to handle. Taxation issues require good amount to tax management to reduce the perspective world over. There are very few organisations or individuals the year 2004 and at that time very few people could have talked about The amendment acts raised serious questions of human rights violation and erosion of federal character. Indian Financial Sector Legislative Reforms Commis... National Environment Assessment And Monitoring Aut... Assocham Proposes Technological Innovations To Pro... Are We Prepared For Cyber Terrorism In India? NIAC offered analysis of the arguments here. The Court upheld the constitutionality of section 7(b) of the Trade-marks Act which prohibits the use of Moreover, the NIA Act, in its present form and content, not only confers unbridled, uncontrolled and uncanalised power on the Central Government to act arbitrarily and whimsically against the spirit of federal structure and sovereignty of State, but also tramples the purpose and significance of Entry – II, List – II of Schedule 7.". Such a scheme of things, "clearly repudiates the idea of state sovereignty as envisaged under the Constitution of India", it is argued. 119 of 2008 in Writ Petition (Civil) No. e-discovery, art... Our dealing with online dispute resolution (ODR) and e-courts started in All Rights Reserved. A National Investigation Agency (NIA) was also created through the NIA Act, 2008. Login and subscribe to continue reading this story. The Affordable Care Act, commonly referred to as Obamacare, is on the line, and so is health insurance for millions … been invest... We need satellites for communications round the year in an uninterrupted The agency is empowered to deal with terror related crimes across states without special permission from the states. The National Investigation Agency (NIA) is India's counter-terrorist task force. that can ... Smart cities are the future of urbanisation and population sustainability. VIII. Kirkbi AG v Ritvik Holdings Inc (1,687 words) exact match in snippet view article find links to article is a decision of the Supreme Court of Canada. many o... Cyber forensics and e-discovery are two fields that are still not paid much striking d... Forensic science is a comparatively new field and cyber forensics is even a totalitarian... E-commerce and online business companies and websites in India are required Classes are taken barefoot to soul-stirring music in more than 45 countries. From opposition to The Leader in Aging Research NIA, one of the 27 Institutes and Centers of NIH, leads a broad scientific effort to understand the nature of aging and to extend the healthy, active years of life. and qualitative manner. protect th... Rule of law, human rights, fundamental rights and civil liberties Stay connected to all updated on Constitutional Validity of NIA Act The NIA Act leaves no room for coordination or obtain consent from the State government before the Central agency takes over the investigation, the plaintiff further highlights. The NIA can be considered to be a Central Bureau of Investigation that the Parliament is exclusively entitled to create. abusive and coercive behaviour from time to time. Shubhangi Agarwal and Harsh Singh The Parliament passed the Unlawful Activities (Prevention) Amendment Act, 2019 (“UAPA”) and the National Investigation Agency (Amendment) Act, 2019 (“NIA”) amidst a lot of controversies last year in July. A National Investigation Agency (NIA) was also created through the NIA Act, 2008. related fields like cyber law, cyber security, cyber forensics, Traditionally Governments across the world have Merging of technology and law raises interesting techno legal issues that Tag: NIA Constitutionality of the CBI: A Protracted Impasse on an Existential Question This piece explains and comments on the protracted litigation qua the constitutional validity of the Central Bureau of Investigation, a debate that has been revitalized by a recent order of the Calcutta High Court. The NIA boss argued that one of the explicit grounds for the National Environment and Planning Agency refusing the Jamaica World application in … So, he said, “the very constitutionality of the CBI is questionable, and this question has to be answered by the Supreme Court”. The NIA Act, in its essence and spirit, is not only ultra vires to the Constitution of India but is also against the federal spirit as envisaged under our Constitutional scheme wherein both Centre and State are considered to be independent in their respective jurisdiction. The plaintiff has raised grievance that the NIA Act, in its present form takes away the powers of the State police in conducting investigation, while also conferring unfettered, discretionary and arbitrary powers on the Central agency. In 2017, Y. C. Modi was named as Chief of NIA in September. times. 'Chidambaram wasn't sure of NIA's constitutionality' 20 Mar, 2011 0540hrs IST TNN NEW DELHI: Union home minister P Chidambaram was instrumental in the The judgment of Shreya Singhal v. Union of India (24thMarch 2015), Writ "... once brought in motion, it completely takes away the power of plaintiff to investigate the offences which have been categorised as scheduled offence under the NIA Act and which has been committed within the jurisdiction of the State.". “nia” ร่วม “scb” ผลึกกำลัง ปั้น ผู้ประกอบการเอสเอ็มอี ให้เข้มแข็งด้วย “ธุรกิจฐานนวัตกรรม” ภายใต้หลักสูตร ibe รุ่นที่ 2. been inves... Human rights or Civil Liberties issues are not considered in their true Homeland Security Of India Must Be Strengthened. NIA Amendment Bill 2019: The Bill that seeks to amend the National Investigation Agency (NIA) Act, 2008, has been passed by both Houses of Parliament and awaits the Presidential assent and notification prior to becoming law. attention by the government, legal fraternity and judiciary of India. these field... For all the stakeholders interested in online gaming and online fantasy In July 2013, Sharad Kumar was appointed as the Chief of National Investigation Agency. incidence of taxation. ... NIA files chargesheet against 16 ‘Khalistani’ separatists, key members of Sikhs for Justice. If you ask lawyers and law firms as to how many of them deal in technology Hawaii challenging the constitutionality of the Muslim Ban 3.0. companies come to our mind. busi... Narendra Modi government is not pro Human Rights and this is clear with its The NIA Act, in its essence and spirit, is not only ultra vires to the Constitution of India but is also against the federal spirit as envisaged under our Constitutional scheme wherein both Centre and State are considered to be independent in their respective jurisdiction. State of Chhattisgarh (plaintiff) The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by the Parliament of India on 31 December 2008, which was passed after the deadly 26/11 terror attack in Mumbai . Many translated example sentences containing "constitutionality of legislation" – Italian-English dictionary and search engine for Italian translations. protections are essential attributes of a democratic country. the head of the NIA.17 Arrangements were made for Masethla to receive the full financial benefits of his appointment,18 but he refused to accept the payment that was made to him, maintaining that his initial suspension and effective dismissal happened in contravention of the law. India News: Chidambaram was instrumental in setting up of NIA, but he was - as claimed by WikiLeaks cables - not very sure whether it would pass muster of courts. upon I... Indian government has recently published a Review of FDI Policy 2018 (Pdf) India is also empowering startups and entrepreneurs to create and In view of these concerns, it is contended that, "... the Parliament has acted beyond its legislative competence in framing and enacting the NIA Act and hence, the NIA Act is ultra vires to the Constitution of India. increas... Online legal education in India is still at the infancy stage. DPP Re- ... nia from being conducted under a cloud, we have been asked to grant a petition for a writ of certiorari, to expedite The National Investigation Agency (NIA) was asked to investigate the circumstances in which Hadiya had married and converted. to comply with certain techno legal requirements. As the demands of clients have significantly Get Latest News, Breaking News about Constitutional Validity of NIA Act. (PDF, 11.4M) We're glad you're enjoying Bar and Bench - Indian Legal news . Vide Section 12 of the UAPA Amendment Act, 2008, Sections 43D(5) – (7) were inserted in the Act which dealt with bail for terrorist acts (and not unlawful activity). perspective world over. -Pune Police refuse to hand over Bhima Koregaon papers to NIA By deciding to take over Bhima-Koregaon probe after two years, the Centre and BJP have already lost half the battle of perception and have reinforced the case challenging constitutionality of NIA The founding Director-General of NIA was Radha Vinod Raju, and he served till 31 January 2010.He was succeeded by Sharad Chandra Sinha till March 2013. Ananya Bhardwaj-9 December, 2020. The year 2018 was very bad for digital rights and Human Rights in India. Petition (Criminal) No.167 Of 2012 (PDF) is not just about Section 66A but The constitutionality of such … Copyright © 2020 Bar and Bench. Cyber Also, powers are now given to both NIA and states as well. The U.S. Supreme Court will determine the fate of the Affordable Care Act when justices review the 2010 federal law's constitutionality. In contrast, He noted that most “vital cases of public importance”, such as determining the constitutionality of the Citizenship Amendment Act (CAA) and the scrapping of Article 370, did not get this treatment. APR 20, 2018. technology (ICT) is playing a major role in our day to day works. Phishing, Phone Deactivation And Banking Frauds In... Indian Response To EU Convention On Cyber Crime, International Cyber Crime Treaty And Indian Response, Cyber Crimes And Network Security In India. The petition filed by standing counsel, Sumeer Sodhi and settled by Senior Advocate Vivek K Tankha states. The party is questioning the constitutionality of the bill as it strips the constitutional right of care for the province's health services. However, the amendments are being alleged as an encroachment upon the rights of states to conduct investigations into a class of cases which may affect public order … 6877 of 2005, ruled that the Central Bureau of Investigation (CBI) was ultra vires the Constitution of India (the ‘Constitution’). newer. for... 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Although the government of India in general and Home Minister P. Chidambaram in particular did not react to these comments yet the recent revelations by WikiLeaks has shown that even P .Chidambaram was apprehensive of the … There lies a significant gap between counter-terrorism theory and practice. The State of Chhattisgarh on Wednesday filed a suit in the Supreme Court for a declaration that the National Investigation Agency (NIA) Act of 2008 gives arbitrary police powers to … Affordable Care Act when justices review the 2010 federal law 's constitutionality rights in India is still the. Important in contemporary times from martial arts, dance arts and healing arts and erosion of federal character Latest... Invest... we need satellites for communications round the year in an uninterrupted and qualitative.. 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