Even the Intelligence Services (Powers and Regulation) Bill, 2011 failed to materialize and till now our

intelligence agencies are not governed by any law. In fact, intelligence agencies are vehemently opposing
the proposed Right to Privacy Bill 2013 so that they remain ungoverned and unaccountable in every
possible sense.

India has already launched illegal and unconstitutional projects like Aadhar, central monitoring system,
national intelligence grid (Nat grid), etc. without any legal framework and parliamentary oversight. Now
when we have a chance to bring some sanity among the chaos created by the intelligence infrastructure
of India, the intelligence agencies have pulled their sleeves to stall the proposed privacy bill.

CBI has been investigating offences and prosecuting alleged offenders in the garb of being an
organization under the DSPE Act, 1946. It has already been indicated that the impugned Resolution,
dated 01.04.1963, is not, strictly speaking, an executive action of the Union within the meaning of Article
73 inasmuch as the executive instructions, embodied in the impugned Resolution, were not the decision
of the Union Cabinet nor were these executive instructions assented to by the President. Therefore, this
Resolution, can, at best, be regarded as departmental instructions, which cannot be termed as ‘law’
within the meaning of Article 13(3) (a) nor can the executive instructions, can be regarded to fall within
the expression, “procedure established by law”, as envisaged by Article 21 of the Constitution.

Thus, the actions of the CBI, in registering a case, arresting a person as an offender, conducting search
and seizure, prosecuting an accused, etc., offend Article 21 of the Constitution and are, therefore, liable
to be struck down as unconstitutional.