Cong-led Chhattisgarh govt moves SC seeking to declare NIA Act as unconstitutional

The Congress-led Chhattisgarh government on Wednesday moved the Supreme Court seeking to declare the National Investigation Agency Act, 2008 as unconstitutional.

The Chhattisgarh government is the first state government to challenge the Act. The move comes a day after the Kerala government challenged the Citizenship Amendment Act under Article 131 of the Constitution.

The Chhattisgarh government has filed an original suit under Article 131 of the Constitution which provides for the state to move directly to the Supreme Court in matters of dispute against the Centre.

In the plea the state government said, "The plaintiff (state) respectfully submits that the NIA Act is ultra vires to the Constitution and is beyond legislative competence of Parliament since the Act empowers the defendant (Centre) to create an agency for investigation, which, not withstanding the NIA, is carried out by state police, which is a subject matter of the state under entry 2, List 2, Schedule 7, of the Constitution."