"Our Constitution has cooperation and coordination-based federalism, but with the NCTC notification, I feel that it is being changed into a sub-ordination-based federalism," the Chief Minister of the BJP-ruled state said.
He also cited lack of clarity on some of the provisions on the NCTC circulated through an office memorandum by the Home Ministry recently to States and suggested changes in them.
"As per the NCTC notification, the provision of 'Designated Authority' has been included on the basis of the Unlawful Activities (Prevention) Act-1967. But it is not clear as to the law under which the word, 'mandate', has been used in paragraph 2.5-II and the word, 'prescribed', has been used in paragraph 2.5-IV, of the notification.
"Under Article 144 of the Constitution, there is a provision that all civil and judicial authorities shall assist the Supreme Court. I find that a similar provision has been put, with some changes, in paragraph 5.1 of the notification. This is surprising, because a provision similar to the one in the Constitution for the Supreme Court has been included as an executive order for an executive body like the NCTC," Singh said.
Noting that terrorism directly affects national security, unity and integrity, he said both Parliament and States can make laws to act against terrorism.
"It is, therefore, necessary to see whether any existing law allows inclusion of subjects, which have been proposed in the notification of NCTC, under the purview of the Union executive," the CM said and asked the Centre to suitably amend them to avoid any legal problems. (MORE)
