Banerjee wrote in her letter, dated February 14, "It is difficult for the state government to accept such arbitrary exercise of power by the Central government... which have a bearing on the rights and privilege of the states as enshrined in the Constitution of India."
"This has not been done in the instant case. The order, therefore, appears to be an infringement on the powers of state governments in matters of investigation and maintenance of order," she wrote.
She asked the prime minister to "review and withdraw" the order on organisation, function, power and duties of the NCTC.
Meanwhile, BJP leader Balbir Punj said that the government should have consulted all parties before setting up the NCTC. "Everyone is a stakeholder in the fight against terrorism and everyone should be consulted."
"If the UPA was serious about counter terrorism, they would have consulted all the parties and all the states," he added.
Chandrababu Naidu too wrote to the PM saying that the NCTC violated the federal structure of the Constitution. He requested the PM to ask the MHA to "resend its order and initiate a political debate".
Gujarat Chief Minister Narendra Modi joined the chorus and urged the PM to initiate a political debate on the issue.
The Home Ministry has, however, quashed all criticism and said that it will proceed on the NCTC as per plan.
Sources close to the MHA said, "Law and order is a state subject whereas terrorism has become one of the gravest threats to internal security. NCTC is needed to look into this matter."
They added, "No such law is being passed for which consensus from the states is required."
Home Secretary RK Singh spoke to the West Bengal chief secretary earlier on Friday and assured that the NCTC will in no way interfere with the federal structure of the states. The NCTC mandate is limited to terror related issues and not the overall law and order, he said.
He added, "Sections mentioned in the NCTC order (which the states are objecting to) have been on the statute book for the past 8 years (section 2E of the NCTC order). There is nothing new that has been brought on. There is no question of violating the federal structure."
Meanwhile, Congress spokesperson Manish Tiwari said, "Every party has the right to air its opinions. It has got nothing to do with federal structure... There are new forms of terrorism and policy is, therefore, important."
Earlier, Odisha CM Naveen Patnaik, too, had written to the PM. Patnaik had accused the Centre of making a habit of bypassing states and the federal system. Patnaik also called Tamil Nadu Chief Minister J Jayalalithaa seeking her support in opposing the Home Minister's pet project.
Mamata Vs Government: Points of Difference
- Mamata opposed FDI in retail.
- Mamata opposed setting up of the Lokayukta saying it will undermine the states' power.
- Mamata opposed the government on the Lokpal Bill.
- The TMC chief also disagreed with the government on pension reform.
- Mamata had taken on the government on price rise.
Mamata has used the federal argument in her previous standoffs too. While arguing on the FDI in retail, she said that if it were allowed, the states will lose economic power and will become subservient to the Centre.
States vs Centre:
After Lokpal, the rules empowering the National Counter Terrorism Centre (NCTC) have provided another opportunity for the UPA government's opponents and even its allies to charge the Centre with encroaching on the powers of the state governments.
In what appears to be a replay of the events that forced the government to call off a vote on the Lokpal bill in the Rajya Sabha, Trinamool Congress leader and West Bengal Chief Minister Mamata Banerjee came out against the new anti-terror centre established by the Home Ministry.
Banerjee said that NCTC rules violated the federal structure as its officers have powers to arrest and search without consulting state governments.
Although the Centre has been maintaining that these powers will be used only in cases concerning "those waging or attempting to wage war against the state," Banerjee has made it plain that she will not allow the implementation of the new anti-terror mechanism.
Banerjee's opposition gained political muscle with Bihar Chief Minister Nitish Kumar, Odisha Chief Minister Naveen Patnaik and Tamil Nadu's J Jayalalithaa joining the anti-NCTC campaign.
What must be discomforting for the government is the plan of the government's opponents to use federalism-related issues to forge a common platform.
"The powers of NCTC appear to be an infringement on the powers of the state governments... Therefore I must ask you, sir, to review this order which has draconian overtones," Patnaik, who has taken the initiative in getting the chief ministers of non-Congress, non-BJP-ruled states on board on the issue, said in a letter earlier this week to PM Manmohan Singh.
"This afternoon, Chief Minister of West Bengal Mamata Banerjee spoke to me over telephone and apprised me about this very serious matter. It seems to be infringing the federal rights of the states," he added.
The NCTC:
The National Counter Terrorism Centre is the Home Minister's pet project. It is located in the Intelligence Bureau, headed by a director and proposed to be operational from March 1. Its Operations Division is empowered to arrest and carry out searches under Unlawful Activities (Prevention) Act (UAPA).
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