The Supreme Court has directed the central government to file its response within four weeks to a petition challenging the constitutional validity of the National Investigation Agency (NIA) Act of 2008.
A bench of Justices Vikram Nath and Sandeep Mehta granted the extension on Tuesday after Additional Solicitor General Aishwarya Bhati, representing the Centre, requested more time to submit a counter-affidavit. The bench also ruled that the petitioner may file a rejoinder within two weeks after the government submits its response. The case is scheduled to be listed for hearing in six weeks.
The directive follows a prior action on April 21, when the top court first sought responses from the Centre, the NIA, and other parties. Senior advocate Siddharth Dave, appearing for the petitioner, noted during the Tuesday hearing that notices had been issued in April. At the time of the initial filing, the Supreme Court observed that the constitutional questions raised by the petition were of vital importance.
Arguments Against the Act
The petition seeks to invalidate the 2008 Act, asserting that the legislation is outside the legislative competence of the central government and violates Article 14 of the Constitution, which guarantees equality before the law.
A central argument in the challenge is that policing is constitutionally designated as a state subject rather than a federal one. Specifically, the petition contests Section 6(5) of the Act, which permits the central government to independently direct the NIA to investigate scheduled offenses on its own initiative, or suo motu, if it determines an investigation is warranted under the law.
Origin of the Agency
The NIA was established under the disputed 2008 legislation as a specialized federal counter-terrorism law enforcement body. The agency was created in the immediate aftermath of the 2008 Mumbai terror attacks to handle national security cases.
