NEW DELHI: The Centre will be able to intervene in cases of communal or targeted violence by invoking a provision in Article 355 of the Constitution if the Communal Violence Bill cleared by the Sonia Gandhi-led National Advisory Council on Friday is adopted by Parliament.
The bill, as cleared by the NAC, permits the central government to declare any case of communal violence as 'internal disturbance' within the ambit of Article 355 of the Constitution and take actions in accordance with duties the nature and circumstances of the case require.
Article 355 states, "It shall be the duty of the Union to protect every state against external aggression and internal disturbance and ensure the government of every state is carried on in accordance with the provisions of this Constitution."
One of the most contentious issues in the proposed Communal Violence Bill has been how to respect the constitutional framework where 'law and order duties' are the state government's responsibility and yet permit the central government to intervene when the state government fails to do so. The bill has been conceived keeping the post-Godhra riots in mind.
The NAC has found a way around by using the provisions of Article 355 that have been sparingly used in the past.
The bill provides for a powerful national authority and adjunct state level authorities to oversee implementation of the legislation. The seven-member national authority would be a minority-dominated body with four members from minority groups, half of them women.
The national and state authorities will be empowered to take suo motu action to quell communal violence. The bodies will have the powers to investigate, call for evidence, search and seize as well as monitor the actions of public servants as well as their postings or transfers in places where communal violence has occurred or is anticipated.
Once it has completed its inquiries, the national authority will recommend prosecution against any official involved and go to the high courts or the Supreme Court to secure orders it deems fit. The government would have to respond to the report from the authority within a period of one month.
The district collectors, police commissioners as well the home ministry at the Centre and state will have to share all advisories related to communal violence to the authority created under the bill.
In case of involvement of armed forces personnel in communal violence, the authority would deal only with the central government and recommend action to the Centre and receive report on it in three months' time.
The bill will now be put out for comments by the NAC.
The bill, as cleared by the NAC, permits the central government to declare any case of communal violence as 'internal disturbance' within the ambit of Article 355 of the Constitution and take actions in accordance with duties the nature and circumstances of the case require.
Article 355 states, "It shall be the duty of the Union to protect every state against external aggression and internal disturbance and ensure the government of every state is carried on in accordance with the provisions of this Constitution."
One of the most contentious issues in the proposed Communal Violence Bill has been how to respect the constitutional framework where 'law and order duties' are the state government's responsibility and yet permit the central government to intervene when the state government fails to do so. The bill has been conceived keeping the post-Godhra riots in mind.
The NAC has found a way around by using the provisions of Article 355 that have been sparingly used in the past.
The bill provides for a powerful national authority and adjunct state level authorities to oversee implementation of the legislation. The seven-member national authority would be a minority-dominated body with four members from minority groups, half of them women.
The national and state authorities will be empowered to take suo motu action to quell communal violence. The bodies will have the powers to investigate, call for evidence, search and seize as well as monitor the actions of public servants as well as their postings or transfers in places where communal violence has occurred or is anticipated.
Once it has completed its inquiries, the national authority will recommend prosecution against any official involved and go to the high courts or the Supreme Court to secure orders it deems fit. The government would have to respond to the report from the authority within a period of one month.
The district collectors, police commissioners as well the home ministry at the Centre and state will have to share all advisories related to communal violence to the authority created under the bill.
In case of involvement of armed forces personnel in communal violence, the authority would deal only with the central government and recommend action to the Centre and receive report on it in three months' time.
The bill will now be put out for comments by the NAC.
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