L N A O N I I T M A I R R E C D , P Y N O T T A O I C R E C U E CH 2010 ON I ATE RELATIONS C T T E A S REPOR OLUME - V S T MAR U V S COMMISSION J L - A E N R R T E N CENTRE-ST T E N C I REPORT OF THE COMMISSION ON CENTRE-STATE RELATIONS. MARCH 2010 VOLUME - V INTERNAL SECURITY, CRIMINAL JUSTICE AND CENTRE-STATE COOPERATION COMMISSION ON CENTRE-STATE RELATIONS REPORT VOLUME V INTERNAL SECURITY, CRIMINAL JUSTICE AND CENTRE-STATE CO-OPERATION MARCH 2010 THE COMMISSION CHAIRPERSON Shri Justice Madan Mohan Punchhi (Retd.) Former Chief Justice of India MEMBERS Shri Dhirendra Singh Shri Vinod Kumar Duggal Former Secretary to the Former Secretary to the Government of India Government of India Dr. N.R. Madhava Menon Shri Vijay Shanker Former Director, Former Director, National Judicial Academy, Bhopal, and Central Bureau of Investigation, National Law School of India, Bangalore Government of India Dr. Amaresh Bagchi was a Member of the Commission from 04.07.2007 to 20.02.2008, the date he unfortunately passed away. The Commission expresses its deep gratitude to late Dr. Bagchi for his signal contribution during his tenure as a Member. SECRETARIES Shri Amitabha Pande (17.07.2007 - 31.05.2008) Shri Ravi Dhingra (25.06.2008 - 31.03.2009) Shri Mukul Joshi (01.04.2009 - 31.03.2010) The Commission on Centre-State Relations presents its Report to the Government of India. Justice Madan Mohan Punchhi Chairman Dhirendra Singh Vinod Kumar Duggal Member Member Dr. N.R. Madhava Menon Vijay Shanker Member Member New Delhi 31 March, 2010 i ii INDEX Chapter No. Subject Page Nos. 1. INTRODUCTION 1-6 2 MAINTENANCE OF COMMUNAL HARMONY 7-34 3. CENTRAL LAW ENFORCEMENT AGENCY 35-46 4. SUO MOTU DEPLOYMENT OF CENTRAL 47-58 FORCES 5. THE MIGRATION ISSUES 59-66 6. OTHER INTERNAL SECURITY ISSUES 67-92 (i) THE NAXAL PROBLEM 70-77 (ii) THE NORTH EAST 77-86 (iii) JAMMU & KASHMIR 87-92 7. POLICE REFORMS 93-100 8. CRIMINAL JUSTICE SYSTEM 101-108 9. CONCLUSIONS AND 109-141 RECOMMENDATIONS BIBLIOGRAPHY 142 APPENDICES (I-XII) 143 iii iv CHAPTER 1 INTRODUCTION Sections/Headings Para Nos. Page Nos. 1.1 The Mandate 1.1.01-1.1.04 3-4 1.2 Consultations 1.2.01 4-5 1.3 Security Dimensions 1.3.01-1.3.03 5-6 1.4 Other Related Issues 1.4.01 6 1 Report of the Commission on Centre-State Relations 2 1 INTRODUCTION 1.1 The Mandate 1.1.01 One of the key areas, the Commission was mandated to study pertained to the subject of maintenance of Internal Security in the country and the co-operation needed between the Centre and the States for this purpose. The specific Terms of Reference (TsoR) in this respect, inter-alia, read as follows :- (i) “The Commission will examine and review working of the existing arrangements between the Union and States as per the Constitution of India, the healthy precedents being followed, various pronouncements of the Courts in regard to powers, functions and responsibilities in all spheres including legislative relations, administrative relations…… emergency provisions…………….and recommend such changes or other measures as may be appropriate keeping in view the practical difficulties. (ii) In examining and reviewing working of the existing arrangements between the Union and States and making recommendations as to the changes and measures needed, the Commission …………. …would also need to address the growing challenges……………whilst strengthening the unity and integrity of the country………. (iii) While examining and making its recommendations on the above, the Commission shall have particular regard but not limit its mandate to the following: (a) The role, responsibility and jurisdiction of the Centre vis-à-vis States during major and prolonged outbreaks of communal violence, caste violence or any other social conflict leading to prolonged and escalated violence. .............. .............. .............. (j) The need for setting up a Central Law Enforcement Agency empowered to take up suo motu investigation of crimes having inter-State and/or international ramifications with serious implications on national security. 3 Report of the Commission on Centre-State Relations (k) The feasibility of a supporting legislation under Article 355 for the purpose of suo motu deployment of Central forces in the States if and when the situation so demands”. 1.1.02 In the initial stages, after the constitution of the Commission in late April, 2007, a unanimous view emerged that keeping in view the fact that all the above Terms of Reference (TsoR) have a direct bearing on maintenance of Internal security, justice could be done if the subject of Internal Security was examined in an all-inclusive manner. Likewise, the Commission also felt that along with these issues, the question of reforms in the Criminal Justice system may also have to be looked into since the aspects of crime investigation and prosecution are greatly interlinked and their relevance to Internal Security is well established. 1.1.03 The Commission, as such, after detailed deliberations culled out the relevant issues and formulated the questions on the theme of Internal Security, Criminal Justice and Centre-State Co-operation, (Appendix-I) along with other related issues and circulated the same to the various stakeholders as indicated in Volume I of the Report, as part of the complete Questionnaire for their responses. 1.1.04 Under the Constitutional scheme, ‘National Security’ is not a subject specifically listed in any of the three Lists i.e the Union, the State or the Concurrent List. The subject of Security under the Article 352 and under the Emergency Provisions in Part XVIII of the Constitution has been assigned to the Union Government. Though it is an overriding executive power of the Union, in Constitutional practice, however, ‘Security’ is a subject in which the States and the Union have a common interest and are expected to act in a co-ordinated manner. Under the co-operative relationship, the duties and obligations of the Union and the States are covered primarily in Article 256, 355, 356 and 365 and also under relevant provisions. Entries pertaining to Defence of India and control and deployment of the armed forces of the Union are covered in List-I of the Seventh Schedule. Public order and Police feature as Entries 1 and 2 in the List II. Criminal law, Criminal procedure and Administration of Justice are covered in List III as Entries 1, 2 and 11A. Thus, the need for a close co-operation between the Centre and the States on this vital subject with multiple challenges cannot be overemphasized. 1.2 Consultations 1.2.01 Having identified the issues and the Constitutional provisions that guided the nature and extent of Centre-State co-operation, the Commission adopted a consultative 4 Introduction approach to analyse the issues relating to the ToR, the details of which have been given in Volume I of the Report. This methodology provided extremely useful inputs into the thinking of the Commission. Additionally, the research studies conducted by the North Eastern Hill University, Shillong, on the issues specific to the region, and by the Centre for Development Studies, Thiruvananthapuram, on the growing problem pertaining to migration issues provided necessary issue-specific information. All these reports have been placed in a separate Supplementary Volume to the Report of the Commission. Besides, the Commission also made reference to and took into consideration the views expressed in various earlier studies and other related documentation on the subject for the preparation of this Volume. All these references have been included in the Bibliography. 1.3 Security Dimensions 1.3.01 There has been a conceptual shift in the definition and functional understanding of the term ‘Security’, delineating the areas falling within the purview of National and Internal Security. National Security was earlier viewed to encompass, among other elements, economic strength, maintenance of internal cohesion that enabled the exercise of national will on directing the economic and technological progress and maintaining communal and religious harmony. Under the new techno-economic concept, ‘Security’ enlarged its ambit to include food security, energy including nuclear security, clean environment, equality before law and good governance. The concept of ‘globalization’ of Economies, further transformed the dimensions of security to involve ethnic identity considerations and mitigation of cultural conflicts in social terms. The interplay of the economic and technological concerns in the process of globalization, and the proliferation of low cost wars, through terror groups and also religious and ethnic conflicts, in and around the borders further enlarged the scope of what are called ‘the global security concerns’ which qualitatively affected the conventional national security ethos. To that extent, where India is concerned, with many a problem emanating from its neighbourhood and affecting the States, both via its land and coastal borders, the National and Internal Security issues have to be addressed jointly from a common platform. 1.3.02 Internal Security, on the other hand, can be defined as ‘security against threats faced by a country within its national borders, either caused by inner political turmoil, or provoked, prompted or proxied by an enemy country, perpetrated even by such groups that use a failed, failing or weak state, causing insurgency, terrorism or any other subversive acts that target innocent citizens, cause animosity between and amongst groups of citizens and communities intended to cause or causing violence, destroy or attempt to destroy public and private establishment.’ 1. In addition, socio-economic 1 The sub-paragraph has been extracted from the Report of the Task Force – 5 set up on ‘Criminal Justice, National Security and Centre-State Cooperation’.