Saturday, July 10, 2010

Handling Internal Security Issues


Required - An Article 356 replica to strip states of Police function in the event of ineffective policing. 

The orders it seem are clear from the top; hit them and hit them hard. Centre’s strategy has started showing some headway in tackling the Maoist violence. A few top Maoist leaders were gunned down recently and we are increasingly hearing threats from Maoists of avenging their killings. The single minded approach of the centre and it’s pulling up the states over their inaction and lop sided approach has started paying some dividends; though the fight is now getting nastier. Maoists are fighting with gusto but their killing of common man highlights their traits of cowardice.



What is worry some is non alignment of the interests of centre and the state governments. Especially since the internal security is a state subject and centre is only providing inputs and support to the states to handle the Maoist menace. Some state level parties are hand in glove with these Guerrillas which jeopardizes the efforts of the machinery (West Bengal and Jharkhand and proximity to Maoists of a Didi or a Gurji is not unheard of). Are we in such circumstances committing the same mistake what America is making in AfPak war. There are so many similarities here, the terrain is difficult, the enemy is hard skinned and fighting with gusto, the growth and spread of violence is carcinogens and the local administration is double faced. Pakistan cannot be trusted in the Af Pak war, nor can the local state machinery be trusted against the Maoists.


If Article 356 can be used to dissolve or put in suspended animation the state legislature thus placing the state under direct federal rule, why can’t we legislate to bring a law which suspends / dissolve the state’s police department in the event of its failure to tackle the security and law and order problems?  Article 356 of the Constitution of India, gives the central government the authority to impose president's rule in any state if there has been failure of the constitutional machinery in the state. We can have a similar legislation to suspend the state’s jurisdiction over its police and the subject of internal security and police be placed in the center’s list (temporarily for the particular state in question) in the event of its inability to maintain law and order and suitably tackle internal security threats. A call for help by Omar Abdullah is a very recent example where a state government had admitted its inability to maintain law and order. Army is not the solution, as in cases of internal security threats Army is handicapped to perform in civilian areas.


Enough of lip service by the local states, if you can’t perform the function of internal security of your citizens effectively, let some one else do it for you. 






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