Internal Security and Centre-State

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January 20, 2011
Round Table

Event Report
Internal threats to national security have assumed centre-stage in the debates on
Indian security. They are arguably more serious than the external threats. They
have a pan-Indian presence and are no longer confined to Indias north and
north-eastern frontiers. Therefore, tackling these threats is a common concern
for the Centre and the States. However, one witnesses that whether it is in the
handling of the Mumbai attacks, or in the case of disturbances in Jammu and
Kashmir, or the blockade of Manipur by the NSCN (IM) or the lack of
coordination between the central paramilitary forces and the state police in na xal
areas, the federal nature of the Indian polity has brought forth tensions between
the Centre and the concerned States.
In order to deliberate on these complex issues that have serious implications for
Indias national security, a roundtable on Internal Security and Centre-State
Relations was organized by the Internal Security Cluster. It was chaired by Shri
N.N. Vohra, Honourable Governor of Jammu and Kashmir and was attended by
scholars and practitioners of the strategic community. The welcome address by
Shri. N.S Sisodia, Director General IDSA, was followed by presentations of three
eminent panelists, Shri. P.R. Chari, Shri. Ved Marwah and Shri. E.N.
Rammohan. They addressed the constitutional, institutional and operational
aspects of Centre-State relations and dwelt on their implications for internal
security.

Constitutional Arrangement
In the deliberations on the constitutional responsibilities for dealing with
challenges to internal security, it was emphasized that the following from the
clear mandate of Article 355, the ultimate responsibility does lie with the Union
Government. Several judgments of the Supreme Court interpreting the relevant
constitutional provisions attest to this. However, since the responsibility for
maintaining law and order rests with the State governments, there are at least
two compelling reasons for involvement of and cooperation with the Union
Government. Firstly, several states witnessing internal disturbances are at the
nations frontiers, and there is a discernible external dimension to the internal
security issues. Secondly, there is also a pernicious nexus between domestic
miscreants and the international criminal networks. The problem thus requires a
combined response in the spirit of collective responsibility. As suggested by the
Punchi Commission on Centre-State Relations, some constitutional amendments
such as limiting the application of emergency powers to only the affected parts of
a State may prove useful in minimizing Centre-State tensions.

Institutional Set-Up
Like the general consensus that the constitutional provisions to deal with internal
security challenges were by and large adequate, there was complete agreement
also on the fact that the institutions required to implement these provisions had
not evolved sufficiently. Lack of political will on the part of the Union as well as
States and dynamics of coalition politics prevent the development of appropriate
institutional mechanisms. These result in the sub-optimal functioning of the
various institutions involved in tackling the challenges. In order to overcome this
institutional deficit, several constructive suggestions were made for
strengthening the institutional mechanisms such as creation of new institutions
such as a National Counterterrorism Centre and reform of existing ones such as
the Indian Police Service, among others.

Operational Efficiency
Operational challenges arise mainly from the deployment of forces of the Union
in aid of State civil authorities. There are only three instances in the history o f
independent India of a suo-motu deployment of such forces. In all other
instances, the Union forces have been deployed on the request of the States
concerned. Nevertheless, serious problems happen when a force that is not
aware of local customs is deployed to counter insurgency and other kinds of law
and order problems. While the need for such forces cannot be denied, it was
argued that trained local officers must be involved, especially in conducting
interrogations. Moreover, success in such operations will follow from having a
blueprint for joint operations and an effective mechanism for coordination
between the civil, judicial, police and paramilitary authorities.

Conclusion
Identifying the main challenges to national security faced by the country today as
the proxy-war in Jammu and Kashmir, left-wing extremism, insurgencies in the
North-East, terrorism by new groups like the Indian Mujahideen and counter-
radical organizations, it was urged that political parties at the Centre and in
States rise above their political differences to cooperate with each other in
tackling these serious challenges. The perils of playing politics with national
security were underscored by all participants.
Report prepared by Ms. Gulbin Sultana, Research Assistant, IDSA.
Programme
1400 h: Opening Remarks by Shri. N. S. Sisodia, Director General, IDSA
1410 h: Presentation by Shri. P.R. Chari:
Constitutional Aspects of Centre-State Relations and Internal Security
1430 h: Presentation by Shri. Ved Marwah:
Institutional Aspects of Centre-State Relations and Internal Security
1450 h: Presentation by Shri. E.N. Rammohan:
Operational Aspects of Deployment of Central and State Forces in Internal
Security
1510 h: Remarks by Shri N.N. Vohra, Honble Governor, Jammu and Kashmir
1540 h: Discussion
1640 h: Concluding Remarks by the Panel

Concept Note
Issues relating to our internal security (is) an area that requires utmost
vigil, sustained and coordinated attention of both Central and State
Governmentsour success in large measure also depends on the
response of the State Governmentsa response that is coordinated not
only between the affected states but also between the Centre and the
StatesInternal security is a critical issue which affects the pace and
growth of development..we have a hard task ahead but one that can be
and must be achieved with determination and coordinated actionwe will
only succeed if we are united as a nation in addressing our concerns
related to our internal security.
-- Prime Minister Shri.Manmohan Singh at the Chief Ministers
Conference on 07 February 2010, quoted in the Punchi Commission
Report, March 2010
Internal threats to national security have assumed centre-stage in the debates on
Indian security. They are arguably more serious than the external threats. They
have a pan-Indian presence and are no longer confined to Indias north and
north-eastern frontiers. Therefore, tackling these threats is a common concern
for the Centre and the States. The relationship between the Centre and the
States needs to be analysed in the context of the following Constitutional
provisions relating to the responsibilities of the Centre and the State
Governments on matters pertaining to internal security:
Part XVIII of Constitution, Article 355: It shall be the duty of the Union to
protect every State against external aggression and internal disturbance and to
ensure that the Government of every State is carried on in accordance with the
provisions of this Constitution.
Seventh Schedule, Article 246, Union List, 2 A : Deployment of any armed
force of the Union or any other force subject to the control of the Union or any
contingent or unit thereof in any State in aid of the civil power; powers,
jurisdiction, privileges and liabilities of the members of such forces while on such
deployment.
Seventh Schedule, Article 246, State List, Item 1: 1. Public order (but not
including 3[the use of any naval, military or air force or any other armed force of
the Union or of any other force subject to the control of the Union or of any
contingent or unit thereof] in aid of the civil power).
Seventh Schedule Article 246, State List, Item 2: Police (including railway and
village police) subject to the provisions of entry 2A of List I.] (cited above)
It has been a matter of concern that that Item 1 and 2 of State List have often
come in the way of the clear mandate of Article 355 empowering the Centre to
act in cases of internal disturbances. The Group of Ministers Report on
Reforming the National Security System (2001) also expressed concern
regarding the mismatch between increased Central responsibilities and reduced
Central powers in the management of internal security, thus adversely impacting
the internal security scenario. Whether it is in the handling of the Mumbai
attacks, or in the case of disturbances in Jammu and Kashmir, or the blockade of
Manipur by the NSCN (IM) or the lack of coordination between the central
paramilitary forces and the state police in naxal areas, the federal nature of the
Indian polity has brought forth the tensions between the Centre and the
concerned States.
Volume V of the Punchi Commission Report (2010) addresses the issue of
management of internal security in a federal set-up. With the aim of improving
the interface between the Centre and the State with regard to internal security,
the Commission made the following recommendations:
1. Maintenance of communal harmony through reinvigoration of the National
Integration Council (NIC), coordination between National Forum for Communal
Harmony and NIC, engagement with the local media and NGOs
2. Central Law Enforcement Agency for Internal Security to preempt, prevent,
control, investigate and prosecute terrorism related crimes, centre-state
consensus through consultative mechanisms on admissibility of confessions
made before the police
3. Suo Motu Deployment of Central Forces to be provided for by a clarificatory
amendment of Article 355 to make it functionally viable, along with upholding the
spirit of federal supremacy and cooperative federalism (to be ensured through
making such deployment with full advance knowledge of the State Government,
central rule in limited area of state to manage local emergency, and its use in
rarest of rare circumstances)
4. Migration though managed by states well as a law and order issue as well as
politically, should be on agenda of the NIC and Centre-State consultations.
5. Other Internal Security Problems of Naxalism, Insurgency in the North East
and in Jammu and Kashmir to be addressed by greater emphasis on
development and improving the security apparatus (specific recommendations
for each issue) and ensuring similarity of objective of the Centre and the
concerned States
6. Police Reforms to be implemented as per the directive of the Supreme Court
(2006), quarterly reports of the Justice Thomas Committee to oversee
implementation of the directive to be submitted to the Home Minister, and
discussed bi-annually at the Chief Ministers Conference in Internal Security,
budgeting and financial support from Centre
 7. Criminal Justice System for management of crime based on new approaches
and tools involving all levels of government, a Review and Monitoring
Mechanism involving states to go into existing reports and commissions such as
Second Administrative Reforms Commission Report (2007), Report of the
Committee on Draft National Policy for Criminal Justice (2007), Judicial Impact
Assessment Committee Report (2008) etc., creation of a Standing Commission
on Internal Security and Criminal Justice, Department of Criminal Justice at
Centre and State, Bureau of Crime Prevention, Crime Statistics and Criminal
Justice Planning.
This Roundtable seeks to focus on some issues that may facilitate or impede the
implementation of these recommendations:

Legal- Which constitutional reforms are most desirable and feasible for enhanced
Centre-State cooperation on matters of internal security?
Political-Which are the main areas of tension between the Centre and the States or
among different states resulting from politicization of security issues? How should
these tensions be eased?
Institutional- What should be done to ensure better coordination between the
Centre and the State?
Operational-What should be done to improve operational efficiency of the police
and paramilitary forces deployed in internal security duties?