Author: Danish SheikhPublisher: Observer Research FoundationYear: 2011Language: EnglishPages: 60ISBN/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.
Abbreviations 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 PoliticizationChapter 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 Accountability13. 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 Conclusion Notes References Books Articles