GS paper 2 & 3
Syllabus: Adhar and issues related to it, UIDAI, NIA, issues related to security and human trafficking etc
Directions: Provisions related to NIA and some details about Aadhar Act is important. Do keep a note of it.
Context: The High Court of Karnataka has directed the Unique Identification Authority of India (UIDAI) to furnish information and documents submitted for securing Aadhaar by 12 Bangladesh nationals to NIA. Many of whom are facing severe criminal charges such as rape and trafficking.
Legal Provision
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- Section 33 of the Aadhar Act mandates that confidential information/ authentication documents, which are prohibited from being revealed, can be disclosed in certain cases only by an order of the court not inferior to a judge of the High Court.
- Accused not heard: Contrary to the principle of ‘natural justice’, HC didn’t hear the accused citing Aadhaar Act, 2016, which only mandated the court to hear the UIDAI (and not the person accused) before granting permission to provide confidential details
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● It is a central agency to investigate and prosecute offences:
○ affecting the sovereignty, security and integrity of India, security of State, and friendly relations with foreign States.
○ against atomic and nuclear facilities.
○ smuggling in High-Quality Counterfeit Indian Currency.
● It is also the Central Counter Terrorism Law Enforcement Agency.
● It is empowered to deal with terror-related crimes across states without special permission from the states.
● Established under the National Investigation Agency Act 2008.
● Works under the Ministry of Home Affairs.
Jurisdiction:
● A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act.
● The Central Government can also order the NIA to take over the investigation of any scheduled offence anywhere in India.
Unique Identification Authority of India(UIDAI):
● It is a statutory authority established in 2016 by the Government of India under the jurisdiction of the Ministry of Electronics and Information Technology, following the provisions of the Aadhaar Act 2016.
● The UIDAI is mandated to assign a 12-digit unique identification (UID) number (Aadhaar) to all the residents of India.
Role & Responsibilities of UIDAI:
● Under the Aadhaar Act 2016, UIDAI is responsible for:
○ Aadhaar enrolment and authentication, including operation and management of all stages of Aadhaar life cycle
○ developing the policy, procedure, and system for issuing Aadhaar numbers to individuals
○ Perform authentication and the security of identity information and authentication records of individuals.
Composition of the Authority:
● It consists of two part-time Members and a Chief Executive Officer who shall be the Member-Secretary of the Authority.
Insta Links:
Mains Links
You can relate this topic to the Right of privacy (Puttaswamy Judgement) Vs National security. Do keep a note regarding the powers of NIA, whether they infringe federal powers of the state, issues related to it etc. You may attempt this Question.
Q. Discuss the mandate of the National Investigation Agency (NIA), What are the impediments to its operative functioning? How can these concerns be addressed? Elucidate. (250 words)
Prelims Link:
Keep a note of NIA, UADAI and Aadhar Act- a few important and contentious provisions, and SC cases related to it. Now attempt this Qn.
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- With reference to National Investigation Agency(NIA), consider the following statement:
- It can deal with terror-related crimes across states with special permission from the states.
- It works directly under Prime Minister’s office(PMO)
Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: (d)
