The Supreme Court of India has agreed to examine a constitutional challenge to the National Investigation Agency (NIA) Act, 2008. The petition argues that the Act is "unconstitutional" because it creates a federal investigative body with powers that overlap with "Police" and "Public Order"—both of which are listed as exclusive State subjects under the Seventh Schedule of the Constitution.
​The petitioner contends that the NIA Act violates the principle of federalism by allowing the Central Government to suo motu (on its own motion) take over the investigation of "scheduled offenses" without the consent of the concerned State government. The plea suggests that this centralization of police power bypasses the constitutional authority of state governments and erodes the autonomy of state police forces.
​During the preliminary hearing, the bench acknowledged the significant constitutional questions raised regarding the legislative competence of the Parliament to create such an agency. The Court has issued a notice to the Union of India, seeking a detailed response on how the NIA Act balances national security interests with the federal structure of the country.
​This legal challenge comes amid ongoing debates over the expanding jurisdiction of the NIA. Critics and various state governments have previously argued that while terrorism is a national concern, the administrative mechanism used to investigate it must respect the division of powers. The Supreme Court's decision to hear this plea marks a critical juncture in defining the boundaries of central investigative authority in India’s federal system.
​The Union Government is expected to defend the Act by emphasizing the need for a specialized, centralized agency to handle transnational and inter-state crimes that threaten the sovereignty and integrity of the nation—matters that fall under the Union's jurisdiction over defense and external affairs.