Do We Have Separation Of Powers In India Anymore?

India is perhaps the only country of the World whose Agencies and Instrumentalities are working without any law supporting their existence. Whether it is the Aadhar Project/ UID Project, Unique Identification Authority of India (UIDAI), Intelligence and Law Enforcement Agencies of India, etc none of them are “Practically Governed” by any Legal Framework and Parliamentary Scrutiny.

Surprisingly, India has a long and unpardonable history of clinging to antique and colonial laws like Indian Telegraph Act. It is beyond any reasonable doubt that laws like Telegraph Act do not serve the present purposes of lawful interception in India.

In the absence of a Constitutionally Valid Lawful Interception Law in India, companies like Google, Skype and Blackberry can legally refuse to part with any information regarding its users citing absence of a lawful interception law on the one hand and protecting its users’ Privacy on the other hand.

Unfortunately, Blackberry’s maker Research in Motion (RIM) has succumbed to Indian Government’s pressures and has openly shown its intentions to violate the Privacy Rights of its users in a “Cloud Computing Environment”. This also proves that India is still not ready for a cloud computing environment. Fortunately, Google has rightly rejected Indian Government’s possible demand well in advance citing privacy reasons.

India is deliberately escaping from enacting suitable Privacy Laws and Data Protection Laws. Further, since the Colonial Laws like Telegraph Act serve the purpose of Indian Government, it is abstaining from enacting suitable and timely Legislations.

However, of all Illegal and Unconstitutional Projects nothing can match the Violating Limits of Aadhar Project and UDIAI. With “Biometric Information” as its base and core components, Indian residents have virtually surrendered their Privacy Rights in the hands of a Regime and Government that cannot be trusted at all in this regard. That is why there is an urgent need of Robust, Effective and Constitutionally Sound Legal Framework in this regard.

In these circumstances it can be safely said that Indian Parliament is slightly better than a non operational one. It does not conduct any relevant business these days and even if it does not operate at all, not much difference would be there. Are Indian Parliamentarians listening or has Indian Constitution been “Bypassed” for surrendering all its “Constitutional Powers” to its Executive Branch and Bureaucrats? Perhaps, the concept of “Separation of Power” no longer exists under Indian Constitution.