Even a basic level effort to enact a Legal Framework for Intelligence Agencies of India is missing in India. The first and foremost challenge to such Parliamentary Oversight mechanism comes from the Intelligence agencies themselves that do not wish to be governed by any Rules and Norms at all.
Then we have “Bureaucratic Hurdles” in India that do not allow such a Legal Framework to be proceeded with. Finally, the Parliament of India itself is not interested in bringing these Intelligence Agencies within the fold of Parliamentary Oversight.
Take the example of the recent Private Bill titled Intelligence Services (Powers and Regulation) Bill, 2011. It has already been circulated in the last session of the Parliament. However, instead of discussing the same in the current Monsoon Session (August 2011) of the Parliament, Indian Prime Minister Dr. Manmohan Singh has announced that Law on Intelligence Agencies would be formulated soon.
Now this is a “Positive” as well as “Negative” development. On the positive side, this shows the commitment from the “Highest Level of Governance” in India. On the negative side, it may be another “Delaying Tactics” of Indian Government to keep Intelligence Agencies of India non accountable.
However, if the Indian Government is able to produce a good law in this regard in the next Session of the Parliament, it would serve a great “National Interest” and would bring just “Praises” for the Indian Government.
In an ideal situation, the Private Bill on Intelligence Agencies that is pending in the Parliament must be discussed and suggestions of Parliamentarians must be obtained upon the same. These suggestions can be incorporated in the final Bill that should be introduced and passed in the next Session of Indian Parliament.
However, only time would tell what is the real intention of Indian Government regarding bringing Intelligence Agencies of India under the Parliamentary Scrutiny. But irrespective of the intentions of Indian Government, Intelligence Infrastructure of India needs urgent rejuvenation and reforms and without these reforms Indian Intelligence Infrastructure would collapse very soon.