Transdisciplinary Dimensions of Counter Terrorism Agencies in India, Its Contemporary Historical Footprint
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JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 14, 2020 TRANSDISCIPLINARY DIMENSIONS OF COUNTER TERRORISM AGENCIES IN INDIA, ITS CONTEMPORARY HISTORICAL FOOTPRINT Arnold Harvey1, Dr. Vikas Gupta 2 1 Ph.D Scholar (2016-2019) at Amity Law School, Amity University, Sector 125, Noida, U.P., India 2Associate. Professor, Amity Law School, Centre – II, Amity University, Sector 125, Noida, U.P., India Received: 14 March 2020 Revised and Accepted: 8 July 2020 ABSTRACT: The concept of proactive intelligence system reveals the challenges of cross-border terrorism and the infested problem of domestic, as well as transnational terrorist groups destabilizing India. In this regard, the Constitution of India empowers the Union government to protect every State against any kind of external aggression and internal disturbances, especially in combating terrorism, provided under Article 246 (Part XI - Legislative Relations) and Article 355 (Part XVIII - Emergency provision). The final intelligence information in the country is produced by the Multi Agency Centre (MAC), by specialized intelligence agencies, such as the (IB, RAW, DIA, DRI, ED, CEIB, NTRO) and technically they report directly to the National Security Advisor (NSA) and the Prime Minister to look after all classified intelligence information regarding the country. KEYWORDS: Reticent, predicament, proactive intelligence, cross-border terrorism, domestic and transnational terrorist groups, destabilizing India, Constitution of India, Article 246 – Legislative Relations, Article 355 - Emergency provision, classified establishment, rectitude, Multi Agency Centre, Intelligence Bureau, enigmatic, furtive, Research and Analysis Wing, reconnoiter, Defence Intelligence Agency, Directorate of Revenue Intelligence, Enforcement Directorate, Central Economic Intelligence Bureau, National Technical Research Organization, clandestine, National Security Advisor, cryptic confidential investigation. I. INTRODUCTION THIS PAPER provides critical insight into the phenomenon of counter terrorism intelligence in India. The idea is to deepen their understanding by critically reflecting on their interaction with each other, and weave these insights into an analysis of the challenges and options facing India vis-à-vis terrorism. In the process the paper unravels, the classified system of intelligence and the law enforcement agencies in the country. The Republic of India, is governed by a secular democratic parliamentary system, it consists of twenty nine States and nine Union territories (from October 31, 2019), consisting of a large diversity of various religions, many castes and many languages. It shares its land borders with China, Nepal and Bhutan to the north, Pakistan to the west, and Bangladesh, Myanmar to the east. The above geographical positions has witnessed repeated cross-border disputes, that have disturbed the public order, law and order of its extremely large population of over (1,369,623,166) people.1 Internationally, India has gained the prestigious reputation of being known as a nuclear weapons state, but still it has various types of internal and external problems of its own, because of which it has to bear the costs of maintaining a very large military, intelligence and policing expenditure. Since post-independence, it still has major disputes over the issue of Kashmir in India, Pakistan occupied Kashmir in the Line of Control (LoC)2 and the issue of Aksai-Chin with China in the Line of Actual Control (LAC)3 and these problems are still unresolved. 1India Population (2019) (Sept. 25, 2019, 5.30 PM), https://www.worldometers.info/india population.html. 2C.E. BOSWORTH, KASHMIR-ENCYCLOPEDIA AMERICANA 328 (2006). 3China raked up status of Aksai Chin at UNSC informal session (Sept. 25, 2019, 5.51 PM), https://economictimes.indiatimes.com.html. 2436 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 14, 2020 The very large population density and the vast geopolitical area, makes the handling of terror crimes extremely difficult to safe guard the national security of the country. The menace of hard-core terrorism and cross-border transnational terrorism has grown its organized network in various parts of India. Therefore, the center and the state governments have raised their own specialized intelligence, law enforcement and investigation agencies, to deal with the challenges of terrorism. However, prompt and quality investigation is the foundation of an effective criminal judicial system.4 Therefore, it is very important to make a firm distinction between the term intelligence and the term investigation. The intelligence agency collects counter terrorism data and the investigation agency enforces law and executive order, it starts the cause of action for legal prosecution. A comparative study of applied intelligence and law reveals that cross-border terrorism still remains the greatest challenge for India. The various types of terrorist activities, of both domestic as well as transnational terrorist groups have repeatedly tried to destabilize the peace of the country. Therefore, to protect the country from unwanted terror and aggression, administering the national security of the country is a very big responsibility before the nation. It is because of this specific reason it has raised a number of specialized intelligence agencies in the field of law enforcement and investigation. The classified subject of counter terrorism is handled by specialized intelligence agencies and investigation agencies, such as the Intelligence Bureau (IB), the Research and Analysis Wing (RAW), the Defence Intelligence Agency (DIA), the National Investigation Agency (NIA), the Central Bureau of Investigation (CBI), the National Security Guard (NSG), the Special Protection Group (SPG) and other State specialized counter terrorism sub-agencies in the country. CONSTITUTIONAL PROVISION The President of India, is the ceremonial head of State, but almost all executive actions are directly taken by the Prime Minister of India, as he is the head of government and he along with his cabinet ministers, exercises most of the executive power. Thereafter, the civil servants are delegated as permanent executives, empowered to take all decisions and implement all direct actions, along with the state executive force.5 The seventh schedule of the Constitution of India, empowers executive responsibilities between the Center and the States. Furthermore, Article 246 (Part XI – Legislative Relations) of the Constitution of India empowers the Union list, the State list and the Concurrent list to equally distribute the legislative authority between the Centre and the State governments. The subject of policing is a state executive function, therefore it enforces law and governance by applying the law of the land, but when matters are beyond control, the state may seek central assistance to deal with the problem.6 The special provision of the Constitution allows a coordinating and counseling role for the centre in police matters.7 In addition, Article 355 (Part XVIII - Emergency Provision) empowers the union government to protect every state against any kind of internal disturbances and it ensures every state government to perform its duties in accordance with the provision of the Constitution.8 Therefore, the above position of law balances the quasi-federal nature of our country, by setting up specified central police organizations to protect the territorial integrity and the security of the nation. COUNTER TERRORISM INTELLIGENCE The concept of applied intelligence and law are two important structures of the same coin, they comfortably manage the national security system of the country, the former collects prior information and the later enforces legal deterrence. The concept of actionable intelligence can only be provided, through an efficient proactive intelligence apparatus, that at all times safeguards the internal and external security of the country. The Herbert Hoover Commission of USA (1955) has defined, that “intelligence deals with all the things which should be 4 JAYANTH UMARINIKAR, POLICE REFORMS IN INDIA 194 (Ameya Prakashan, New Delhi, 2009). 5K. M. MATHEW, MANORAMA YEARBOOK (Malayala Manorama, 2003). 6Seminar on National Security 2016 (Sept. 12, 2019, 23.33 PM). http://www.svpnpa.gov.in.html. 7AJIT DOVAL, & B.R LALL, POLICE SECURITY YEAR BOOK 13 (2d ed., Manas Publication 2011). 8V. BALACHANDRAN & SATISH. KUMAR, INDIA’S NATIONAL SECURITY: ANNUAL REVIEW, 297 (2d ed. Routledge, 2010). 2437 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 14, 2020 known in advance of initiating a course of action”.9 A comparative study was made in cases of global terror, it revealed that terrorism had gained tremendous momentum due to modern global connectivity and sophisticated technology. The modern terrorist have updated their modus operandi, they are educated, well trained, camouflaged and are fast with a wide range of new technology, therefore this is making it very difficult for intelligence agencies to track them down. The recent terrorism developments in India and around the globe, have exposed the covert activities of the hard-line terrorist and other well planned criminal activities, such as the (2001) US 9/11 attack and the (2008) Mumbai 26/11 attack, indicates the need to retrospect and improve upon a well-equipped intelligence system to safeguard the country from all forms of terrorism threats. The specialized intelligence agencies usually use seven basic steps in the analysis of the “intelligence process”,