National Security Structure and Reforms

CLASS NOTES
Internal Security
 National Security
 Aspects of National Security
 Internal
 External
 Difference between IS & ES
 Security structure before 2008
 Security structure after 2008
 Major changes after 2008
 Institutional change
 Change made is law
 NSA
 NATGRID
 NCTC
 MAC/SMAC
 NSGHURS
 Remaping of coastal security
National Security:-
It is a state or condition where Nation most cherrish values and believes its way of life, its
institution of governance, its unity and integrity, welfare and well being as a nation and
people are permannently protected and continously enhanced the basic elements of
National Security are Socio-Political Security, Economic Security, Environmental Security,
Energy Security, Territorial Security and Cultural Security.
Aspects of NS:-
Two aspects:- Internal & External Security.
Internal Security- It is an act of keeping peace within the border of sovereign nation by
upholding National Law and defending against internal security threats.
Threats to Internal Security:-

It may range from low level violence, civil disorder to large scale violence and even armed
insurgencies, threat to internal security may be directed at either the state citizen or the
organ and infrastructure of the state and may range from organised crime, political or
industrial unrest or even domestic terrorism.
Foreign power may also act as a threat to internal security by either committing or
sponsoring terrorism.
Why India is prone to I. S threat?

India since independence is facing numerous problems of I.S because India is a country
exemplified by diversity over 1 billion people live over 3.1 million square km of territory. The
people of the country speak 22 major languages is over 1500 dilects. There are about more
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than 1 dozen ethinic groups, 7 major religious sects with various subsects. When a socio
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political and socio economic equilibrium is maintained we say that their is unity is
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CLASS NOTES
diversity, But if their is even slightest inbalance we have more diversity & less unity. This is
the hallmark of India's history and this has been exploited by external & internal elements.
Internal Security External Security

 It is security of the country from  It is the security of the country from the
the internal actor as well as aggression by a foreign country.
foreign actor within its
boundaries.
 It is maintained by state police,  Its maintenance is the sole responsibility
sometime supported by central of Army.
armed police forces.
 MHA is responsible for internal  MOD looks after E. S.
security
 Fighting from internal forces  Fighting from external forces requires
requires an unconventional sets conventional sets of skills of warfare.
of skills of warfare.
 Police effort in maintaining I.S  Human right issues are neglected while
may lead to issues of Human fighting a war against foreign country.
Right violation
 I.S issues are due to aggrived  E.S is maintained by inputs provided by
Indian citizen because of is RAW.
inequitable development process.  E.S issues are due to boundary dispute
and economic competition
Security Structure before 2008:-

Before 2008, IS was maintained by IB with the help of state police and central armed police
forces. The IB played the role of “Intellegence Agency” which coordinated the efforts of
various state police forces.
The MHA is not at the top of the hierarchy with respect to policy matters is decision
making. It is the cabined committee on security and National Security Council who are
supposed to clear any major policy decision but yet for day to day affairs MHA is the apex
body in decision making.
Under MHA, their is Internal Security Division which deals with IS, law & order,
Insurgency, left wing Exterism, Terrorism etc. The other responsibility of I.S.D are to deal
with Indian Police Service, C.A.P.F, Rehabilitation of surrendered millitants, Naxzlites,
Grant of visa and the matters related with immigration. MHA decision is based an inputs is
received from domestic intellegence (both state of central). IB reports directly to Home
Minister, the other agencies which facilitate is decision making is BPRD. This agency
(BPRD) conducts research through non-government experts on issues relating to policing &
security affairs.
MHA also gets inputs from retd. Bureaunats & police personnel who are expert is security
affairs and are attached to various tanks and strategic studies.
This security structure was found to be faculty and that's why 26/11 happened. In order to
have more robust security structure in place a new security arch. was conceived. The new
security arch. focused on 3 developments:-
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1. Major Institutional changes

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2. Changes made is Law
CLASS NOTES
3. Steps to be taken to revamp coastal security.
Major Institutional Changes:-

1. NIA
2. NATGRID
3. NCTC
4. MAC/SMAC
5. NSG HUBS
NIA:- National Investigating Agency (2009) it is a federal agency established by Indian govt.
To combat terror is India. It was established through an act of parliament it has concurrent
jurisdiction meaning that it can investigate any matters in any part of India if that is a
threat to country's Soverignity, Integrity, Unity and Security. There are 3 major changes
done in original NIA Act.
First change:- Expanded the offences that fall within its ambit
Current power of NIA are to investigate cases related to Atomic Energy Act 1962 and the
UAPA 1967 but now it is changed and now it can investigate matters related to Human
trafficking, Cyber Security, Counterfeed Currency, offences under explosive substance act
1908 etc.
2nd change:- Expansion in the jurisdiction of NIA. As per the current act NIA officers have
the same power as other police officers but the current amendment done in 2019 has
increased the jurisdiction of NIA officers and entitled them to investigae offences committed
outside India also.
3rd change:- Previously a special court was to be constituted by centre for NIA trail. But as
per the 2019 amendment the central government and the state government can designate
session court as special court to conduct trail but this can be done only with consultation
with the C.J. of High court of the resp. state. But the creation of NIA could not address the
basic lacuna in country's capacity to respond to terror. The basic lacuna are poor of is
efficient intelligence gathering, lack of syngergy between CAPF & state police, Indian
Policing system which is supposed to be a major institution with greatest responsibility are
presently no more than an instrument in the hands of local politicians.
NATGRID:- It is integrated intellegence grid which will integrase all the 21 stand alone
detabases that contains vital information of individual. These databases includes bank Ac.
No, Income tax returns, Credit Card, Expenses, Aadhar Card, Pan Card, Railway & Air
Travel, Visa & Immigation Record etc. It will provide secure access to desired information
for intellegence gathering. It is facing departmental opposition- Its organisation structure is
such that is include 1/3 officer from govt and 2/3 from Private Sector.
NCTC:- National Counter Terrorist Centre; The idea was conceived by previous Home min.
Mr. P. Chidambaram. Goal of NCTC is counter Terrorism which includes preventing
Terrorism, Countering Terrorism and responding to terrorism. The other function of NCTC
is to collect. Collate and deseminate data on terrorism They were also given responsibility of
maintaining a database on terrorist family & main associates. It was conceived to serve as
single and effective point of control and cordination of all counter terrorist measures.
However, it faced hurdles; Departmental and political.
Departmental Hurdle:- The exciting intelligence agency functioning under diff. Ministries
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with distinct line of responsibility did not wish to come under umbrella organisation and
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were clearly is favour of maintaining their independent identities facing stiff opposition from
CLASS NOTES
various dept. Cabinet committee on security (CCS) cleared truncated version of NCTC. This
truncated version of NCTC is to report to the Director of IB, Union Home Secretary and
Home Minister. This truncated version of NCTC was also intrusted with the power of sizure
and arrest and it was to function under IB.
Political Hurdle:- It was abrogating the principle of federalism. As per the constitutional
provision law and order is a state subject but the power confered on NCTC operation
division is an infrigment on state.
The principle of non-granting the power of arrest to Intellegence Agency are also being
violated. By making NCTC, a part of IB it was not answerable to parliament and neither to
court of law. So the politician feared that this agency may be used against them.
MAC/SMAC:- It is a centre for counter - Terrorism its mandate is to share terrorist related
intellegence inputs on day to day basis. MAC was setup is New Delhi and SMAC was setup
is various sensitive districts of the state. The centre operates on 24 hour basis, its also acts
as a databank and is also known as “National Memory Bank”. The intelligence agency can
have access to data through video conferencing in real time.
NSG HUBS:- Requirement of specialized security forces in order to reduce the reaction time
the govt. Expanded the NSG HUBS at 4 places i.e. Mumbai, Chennai, Kolkata & Hydrabad
apart from Manesar.
Changes made after 2008:-

TADA:-
The first special act to deal with terrorism was TADA (Terrorist and Disruptive Activities
(Prevention) Act.
TADA created 2 ofences:- Terrorist Act of Disruptive Activities.
Definition of Terrorist Act:- Any act which intend to threaten unity, integrity, sovereignty
and security of the country and strike terror in the minds of the people.
It was enacted is 1985 initially for 2 years and after various amendments it was allowed to
lapse is 1995. But after IC814 hijacking & attack on Indian parliament POTA was enacted
in 2002. Through POTA raising funds for the purpose of terrorism was included as a
terrorist act. Again after several objections by the politicians it was repealed in 2004. When
26/11 happened UAPA was the only law available to charges heet the culprits. UAPA was
enacted is 1967 this was enacted basically to deter individual or organisation from
endarlging is Anti-National activites. It was amended several times 1969, 1967, 1986, 2004,
2008, 2012 and 2019. Through 2012 amendment economic offence was brought within
the ambit of terrorist act definition. Any offence which was deterimental to countries
economic security will come under Terrorist act. Eg:- procurement of weapon, raising fund
for terrorist activities or circulation of counter fit currency notes.
Through section 43 (E) presumption of guilt clause was inserted. This basically meant that
the court has to presume that the person is guilty if arms of ammunition or counterfid
currency notes is recovered from his possession or home. This clause opposed the earlier
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view that an individual is innocent until proven guilty. Under the new amendment or
provision has been made to provide for extended period of ban on association from 2 years
CLASS NOTES
to 5 years. The latest 2019 amendment, amendment to schedule for UAPA will allow NIA to
declare an individual suspected to have terrorist links as a terrorist.
Currently only organisations are designated as terrorist org., but after the change in UAPA
an individual can also be termed as a suspect.
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National Security Structure and Reforms

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National Security Structure and Reforms

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CLASS NOTES

Threats to Internal Security:-

Why India is prone to I. S threat?

Internal Security External Security

Security Structure before 2008:-

1. Major Institutional changes

2. Changes made is Law

3. Steps to be taken to revamp coastal security.

Major Institutional Changes:-

Changes made after 2008:-

TADA created 2 ofences:- Terrorist Act of Disruptive Activities.

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