Many parties wary of federal agency

NEW DELHI: The plan to set up a ‘federal investigating agency’ (FIA), which gained momentum after last month’s terror attack on Mumbai, has already caused apprehensions within and outside the Congress-led United Progressive Alliance.

The Left Front, Bahujan Samaj Party, Dravida Munnetra Kazhagam, and a few other parties fear that states may lose their grip on law and order once a central agency comes into existence. Law and order is a state subject under the Constitution.
“The government should circulate the draft bill and evolve a consensus if it is to be introduced in the present session of Parliament,” a senior leftist leader said.

The DMK has not reacted publicly to the proposal, but its leaders are sceptical. “The states should have some role in the FIA,” a DMK leader said.

Though BJP has called for a strong law like the defunct Prevention of Terrorism Act (Pota) to back the FIA. The Congress, which has always opposed the “draconian” law, is unlikely to accept this rider.  

Experts feel while the Centre has enough powers under the Seventh Schedule of the Constitution  (Art 246) to go ahead with the bill, the coalition compulsions and the fact that some of the major states are ruled by UPA partners would make a unilateral decision tough.

But officials are also sceptical about the efficacy of an FIA with a major role for the states. “It may take the shape of the CBI and would not be independent like the American FBI,” they said.