Union v. State: The Constitutionality of The National Investigation Agency Act, 2008 and The Dilemma of Federalism

Deepak Jain*

Published on April 11, 2021 | Manuscript Number: 2021/LKLR/11016 | Page Numbers: 16-29

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Abstract: The Constitution of India provides for a dual polity where we have a Union Government and the State Government. The Constitution also provides for the legislative competence for both the Union Government and the State Government. The Schedule VII of the Constitution provides for subject matters for Union and State respectively, where some entries mentioned in the lists are of similar nature. Such entries lead to repugnancy in-laws. The constitution provides that the parliament enacted law shall prevail over the State law when a concurrent subject matter is concerned. The tussle between the Union and the State for legislative competence and enacting of laws is infinite. The difficulty arises when the Union enacted laws overlaps with the State Subject. The National Investigation Act, 2008 is a Parliamentary enacted law empowering a Union level investigative force. This act has created a question on the meaning of the structure of Federalism in Indian polity and the legislative competence of Parliament. The States submit that the Agency is similar to the police force and out of legislative competence of parliament and it weakens the Federal structure. The paper critically analyses the legislative competence of the parliament to enact such an act. Further, it analyses the provisions of the National Investigation Agency Act, 2008 to understand if they are arbitrary and whether they hold power to infringe the Federal structure and disregard the autonomy of the States.

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Keywords: Constitution, Federalism, National investigation Agency Act, 2008, Police, State.

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*Symbiosis Law School, Noida

Cite as: Deepak Jain, 'Union v. State: The Constitutionality of The National Investigation Agency Act, 2008 and The Dilemma of Federalism' (2021) 1(1) LKO. L. REV. 16

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