Locating India’s Intelligence Agencies  -  In a Democratic Framework

Locating India’s Intelligence Agencies - In a Democratic Framework

Product ID: 30420

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Author: Danish Sheikh
Publisher: Observer Research Foundation
Year: 2011
Language: English
Pages: 60
ISBN/UPC (if available): 9789380502731


India’s Internal and external Intelligence agencies – the Intelligence Bureau and the Research and Analysis, Wing, respectively – carry out numerous operations ranging from counter-terrorism and tackling separatist movements to Critical infrastructure protection: all without any statutory charter in place empowering them to do so.

In addition, we have the National Technical Research Organization, modeled on the USA’s National Security Agency, set up as an intelligence-gathering agency in 2004. With the rising threat to national security comes the need for the strongest, most efficient intelligence framework possible – provided it remains grounded in a sphere of legality.

Taking lapses of security, efficiency, and privacy as points of concern, this monograph begins by making a case for crafting an oversight framework for India’s intelligence agencies. Examining statutory frameworks in other jurisdictions in detail, it goes on to analyse best practices and insight from legislations across the world to make recommendations for the kind of structure most suitable for India.


Executive Summary

Chapter 1 – Introduction

1. Intelligence and the Conflict of Regulation
2. Research Plan
3. Scope and Limitations

Chapter 2 – The Need for Oversight in India

4. Demarcating the Agencies
5. The Need for Oversight
6. Concerns of Privacy
7. Whistle – Blower Protection
8. Budgetary Autonomy
9. The Perils of Politicization

Chapter 3 – Selected Oversight Structures Across the World

10. The United States
11. The United Kingdom
12. Australia

Chapter 4 – Arriving at an Ideal Framework of Accountability

13. Brood Levels of Accountability
14. The Four – Tier Framework

Chapter 5 – Internal Control

15. The Mandate
16. The Director
17. Safeguards Against Abuse
18. Special Powers

Chapter 6 – Parliamentary Oversight

19. The Case for Parliamentary Oversight
20. Mechanisms in Different Countries
21. Outlining the Mandate
22. Composition of the Body
23. Further Considerations

Chapter 7 – Executive Oversight

24. The Relationship Between the Agencies and the Ministers
25. Checks Against Executive Abuse

Notes References