TERRORISM AND THE NATIONAL INVESTIGATION AGENCY: BALANCING NATIONAL SECURITY WITH CIVIL LIBERTIES

AUTHORS- MUSKAN MALIK* & SACHIN KUMAR**

^*STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL- MUSKANMALIK.HARDWAR@GMAIL.COM

^**ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY . EMAIL- SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – MUSKAN MALIK & SACHIN KUMAR, TERRORISM AND THE NATIONAL INVESTIGATION AGENCY: BALANCING NATIONAL SECURITY WITH CIVIL LIBERTIES, AND FUTURE PROSPECTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 740-750, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article critically analyzes the evolution of the National Investigation Agency (NIA) in India’s counter-terrorism architecture, which is closely intertwined between national security and civil liberties. The agency was established through the NIA Act of 2008 in the light of the 2008 Mumbai attacks, with the purpose of centralizing and expediting terrorism investigations. The article doctrinally analyzes statutory interpretation and case law to examine the agency’s new powers especially post the 2019 amendments to the UAPA and reforms to criminal law in 2023, taking into account the implications for fundamental rights. The response of the judiciary, including landmark judgments such as Thwaha Faisal v. Union of India and Asif Iqbal Tanha v. State of NCT of Delhi, tries to bring some order to the excesses noticed in NIA’s operation, albeit intermittently. The study discusses operational problems like jurisdictional conflicts, resource constraints, and a dismally low conviction rate under UAPA (2.2%, 2016-2019) and goes about documenting the agency’s evolution against newer threats such as cyberterrorism, and lone wolf attacks. Furthermore, global comparative insights point towards the necessity of stronger oversight mechanisms in India. In conclusion, this article argues that while the National Investigation Agency is an important organization for ensuring internal security in India, it needs to enhance its effectiveness and legitimacy through recalibration of legal frameworks, greater transparency, and more robust judicial checks that are able to balance the requirements of state power with democratic freedoms.

Keywords: National Investigation Agency, UAPA, civil liberties, counter-terrorism, cyberterrorism, constitutional rights