![Breaking: State of Chhattisgarh files plaint challenging constitutionality of NIA [Read Plaint]](http://media.assettype.com/barandbench%2Fimport%2F2017%2F03%2FSupreme-Court-e1491844625851.jpg?w=480&auto=format%2Ccompress&fit=max)
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The State of Chhattisgarh has filed a plaint against the Union of India challenging the constitutionality of the National Investigation Agency (NIA) Act, 2008.
The petition filed by standing counsel, Sumeer Sodhi and settled by Senior Advocate Vivek K Tankha states,
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. The plaint further adds,
"... there are no rules governing the exercise of power which gives ample discretion to the defendant to exercise its power at any juncture without providing any reason or justification for the same."
State of Chhattisgarh (plaintiff)
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. Such a scheme of things, "clearly repudiates the idea of state sovereignty as envisaged under the Constitution of India", it is argued.
"... 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."
State of Chhattisgarh (plaintiff)
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. 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."
The plaintiff has, therefore, prayed that the Supreme Court:
declare that the National Investigation Agency Act, 2008 is unconstitutional and ultra vires to the Constitution of India;
or in the alternative, declare that Sections 6, 7, 8 & 10 of the NIA Act, 2008 are ultra vires to the Constitution of India;
Or, in the alternative to the above two prayers,
direct the Central Government to frame appropriate rules/guidelines, in exercise of power conferred under Section 25 (1) of the NIA Act, for exercise of powers under Section 6 (4) & 6 (5) of the NIA Act, 2008.
[Read the plaint]