Parliamentary oversight of intelligence agencies

Anirudh - July 8, 2010

"Parliamentary approval of the creation, mandate and powers of security agencies is a necessary but not sufficient condition for upholding the rule of law. A legal foundation increases the legitimacy both of the existence of these agencies and the (often exceptional) powers that they possess." Though mechanisms for ensuring accountability of the executive to the Parliament are in place for most aspects of government in India, such mechanisms are completely absent for the oversight of intelligence agencies. In India, various intelligence agencies such as the Research and Analysis Wing, and the Intelligence Bureau are creations of administrative orders, and are not subject to scrutiny by Parliament. This is in direct contrast to the practise of the Legislature's oversight of intelligence agencies in most countries. Though different countries have different models of exercising such oversight, the common principle - that activities of intelligence agencies should be subject to Parliamentary scrutiny, remains uniform. In the US for example, both the House and the Senate have a Committee which exercises such scrutiny. These are House Permanent Select Committee on Intelligence, established in 1977, and the Senate Select Committee on Intelligence, created in 1976. Both committees have broad powers over the intelligence community. They oversee budgetary appropriations as well as legislation on this subject. In addition, the House Committee can do something which the Senate can not: “tactical intelligence and intelligence-related activities.” This gives the Committee the power to look into actual tactical intelligence, and not just broader policy issues. Intelligence agencies are also governed by a variety of laws which clearly lay out a charter of responsibilities, as well as specific exemptions allowing such agencies to do some things other government agencies ordinarily cannot. (For source, click here) In UK, the Intelligence Services Act of 1994 set up a similar framework for intelligence organisations in the UK, and also set up a mechanism for legislative oversight. The Act set up a Committee which should consists mostly of Members of Parliament. The members are appointed by the Prime Minister in consultation with the leader of opposition, and the Committee reports to the Prime Minister. The Prime Minister is required to present the report of the Committee before Parliament. (For the Act, click here) Recently, the Committee has expressed concerns in its 2009-10 report over the fact that it is financially dependent on the Prime Minister's office, and that there could be a conflict of interest considering it is practically a part of the government over which it is supposed to express oversight. (For the report, click here) A study titled "Making Intelligence Accountable: Legal Standards and Best Practice" captures the best components of Parliamentary oversight of intelligence bodies. Some of these are:

The entire intelligence community, including all ancillary departments and officials, should be covered by the mandate of one or more parliamentary oversight bodies.
The mandate of a parliamentary oversight body might include some or all of the following (a) legality, (b) efficacy, (c) efficiency, (d) budgeting and accounting; (e) conformity with relevant human rights Conventions (f) policy/administrative aspects of the intelligence services.
The recommendations and reports of the parliamentary oversight body should be (a) published; (b) debated in parliament; (c) monitored with regard to its implementation by the government and intelligence community.
The resources and legal powers at the disposal of the parliamentary oversight body should match the scope of its mandate.
Parliament should be responsible for appointing and, where necessary, removing members of a body exercising the oversight function in its name.
Representation on parliamentary oversight bodies should be cross-party, preferably in accordance with the strengths of the political parties in parliament.
Government ministers should be debarred from membership (and parliamentarians should be required to step down if they are appointed as ministers) or the independence of the committee will be compromised. The same applies to former members of agencies overseen.
The oversight body should have the legal power to initiate investigations; Members of oversight bodies should have unrestricted access to all information which is necessary for executing their oversight tasks.
The oversight body should have power to subpoena witnesses and to receive testimony under oath.
The oversight body should take appropriate measures and steps in order to protect information from unauthorised disclosure.
The committee should report to parliament at least yearly or as often as it deems necessary.
The oversight body should have access to all relevant budget documents, provided that safeguards are in place to avoid leaking of classified information.

States and State Legislatures

Madhya Pradesh Government’s Response to COVID-19 (January 2020- April 17, 2020)

Madhunika Iyer - April 18, 2020

As of April 17, Madhya Pradesh has 1,120 confirmed cases of COVID-19 - the fifth-highest among all states in India. The Government of Madhya Pradesh issued one of its initial COVID-19 related orders around January 28, 2020, advising healthcare workers to use appropriate protective gear when examining patients from Wuhan, China. Since then, the government has taken several actions to contain the spread and impact of COVID-19. In this blog, we look at key measures taken so far.

Figure 1: Day-wise COVID-19 cases in Madhya Pradesh

Early stages: Focus on screening international travellers

On January 28, the state government issued directions to monitor international travellers from specified countries, test and maintain surveillance on those who are symptomatic. A further order required district administrators to monitor and report on all passengers who arrived from China between December 31, 2019 and January 29, 2020. While efforts were largely focused on screening and testing, the first quarantine restrictions for symptomatic travellers from China, entering India after January 15, were imposed on January 31. Those leaving quarantine were subsequently kept under surveillance and their health conditions reported on for a period of 14 days. By February 13, a constant presence of a medical team at the airport was required to test foreign passengers from an increasing list of countries and send daily reports.

February and early March: Improving public health capacity, restricting social gatherings

The next steps from the government were aimed towards adapting the public health infrastructure to handle the evolving situation. Following are some of the steps taken in this regard:

A helpline, with a dedicated call centre, was set up to inform citizens about COVID-19 and its prevention.
The regional directors of the Directorate of Health Services, Government of Madhya Pradesh, were instructed to ensure availability of N-95 masks and PPE kits in their region.
The Health Department issued guidelines to the Chief Medical and Health Officials in the State regarding the collection and transport of COVID-19 test samples.
Medical professionals in public hospitals were ordered to attend a national training.
An order was issued to improve arrangements for quarantine and isolation wards.
Leaves were cancelled for all employees/officers of the Health Department.
To grant certain rights to establish effective control over outbreak affected areas and take swift actions, section 71 of the Madhya Pradesh Public Health Act, 1949 was invoked. This section of the Act provides all Chief Medical and Health Officers and Civil Surgeon cum Chief Hospital Superintendents rights set out therein.

As the number of cases in India increased through March, the MP government turned focus and issued orders directly concerning their citizens. Several measures were undertaken to spread awareness about COVID-19 and implement social distancing.

A dedicated portal was created for COVID-19 related information.
An order was issued to close several establishments including schools, colleges, cinema halls, gyms and swimming pools. Biometric attendance was stopped at all government workplaces.
On March 20, the government issued an order (effective till June 15) requiring suppliers of masks and sanitizers to: (i) maintain a fixed price and (ii) keep and present fortnightly, a record of purchase and sales of the essential items. The order also prevented them from refusing to sell to any customer.

March 21 Onwards

On March 21, MP reported four cases of COVID-19. On March 23, the government released the Madhya Pradesh Epidemic Diseases, COVID-19 Regulations 2020 to prevent the spread of COVID-19 in the state. These regulations specify special administrative powers and protocol for hospitals (government and private) to follow while treating COVID-19 patients. These regulations are valid for one year. Over and above general instructions to maintain social distancing and personal hygiene, the government has undertaken specific measures to: (i) increase healthcare capacity, (ii) institute welfare protection for the economically vulnerable population, (iii) strengthen the administrative structure and data collection, and (iv) ensure supply of essential goods and services. These measures include-

Healthcare measures

Preparation of hospitals for the treatment of COVID-19 including postponing elective surgeries, ensuring an adequate supply of PPE kits.
On March 28, the Bhopal Memorial Hospital and Research Centre was designated as a state-level COVID-19 hospital. This order was reversed on April 15.
District collectors were empowered to appoint doctors and other healthcare workers as required in their districts in a fast-tracked manner.
Establishing a telemedicine unit in each of the 51 district hospitals
Facilitating the appointment of final year undergraduate nursing students as nurses
On March 29, the government launched the SAARTHAK app for daily monitoring and tracking of quarantined and corona positive patients
The government released a strategy document to contain COVID-19. This strategy places emphasis on identification of suspected cases, isolation, testing of high-risk contacts, and treatment (called the I. I. T. T. strategy)

Welfare measures

One-time financial assistance of Rs 1,000 will be provided to construction labourers
One-time financial assistance of Rs 2,000 will be provided to families of Sahariya, Baiga and Bharia tribes
Social security pensions for two months will be paid in advance to pensioners
People without eligibility slips under the National Food Security Scheme to be allowed to receive ration

Administrative measures

Senior officials were designated to coordinate with various states to resolve issues regarding migrant labour.
District Crisis Management groups were formed to coordinate state-level policy and the local implementation machinery.

Supply of essential goods and services

On April 8, the government implemented the Essential Services Management Act,1979. The Act among other things, prohibits anyone employed in essential services to refuse to work.
E-pass procurement facility was started to ensure smooth inter-district and across states flow of essential goods & services.

For more information on the spread of COVID-19 and the central and state government response to the pandemic, please see here.

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Parliamentary oversight of intelligence agencies

Madhya Pradesh Government’s Response to COVID-19 (January 2020- April 17, 2020)

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