New Delhi, July 14, 2026 : The Supreme Court on Tuesday granted the Central Government four weeks to file its response to a petition challenging the constitutional validity of the National Investigation Agency (NIA) Act, 2008, a law that established India’s premier counter-terrorism investigation agency following the 26/11 Mumbai terror attacks.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta accepted the request made by Additional Solicitor General Aishwarya Bhati, appearing for the Centre, who sought additional time to submit the government’s counter affidavit.
Appearing for the petitioner, Senior Advocate Siddharth Dave informed the Bench that notices had already been issued on April 21, 2026, and urged the matter to proceed.
Allowing the request, the Supreme Court directed the Centre to file its counter affidavit within four weeks. The petitioner has been granted two weeks thereafter to submit a rejoinder, if required. The Court further directed that the matter be listed for hearing after six weeks.
Earlier, on April 21, 2026, the apex court had issued notices to the Central Government, the National Investigation Agency (NIA) and other respondents, seeking their replies to the constitutional challenge.
What Does the Petition Challenge?
The petition seeks to strike down the National Investigation Agency Act, 2008, contending that it is unconstitutional, violates Article 14 of the Constitution, which guarantees equality before the law, and is beyond the legislative competence of Parliament.
A key argument raised by the petitioner is that ‘Police’ is a subject under the State List of the Constitution, and therefore the Centre cannot legislate in a manner that overrides the powers of state governments in criminal investigations.
The plea specifically challenges Section 6(5) of the NIA Act, which empowers the Central Government to suo motu direct the NIA to investigate a scheduled offence if it believes such an investigation is necessary under the Act. According to the petitioner, this provision infringes upon the constitutional distribution of powers between the Centre and the States.
Background
The National Investigation Agency (NIA) was established through the NIA Act, 2008, in the aftermath of the 26/11 Mumbai terror attacks, with the objective of investigating and prosecuting offences related to terrorism, national security, and other scheduled offences across India.
The Supreme Court’s eventual ruling on the validity of the Act is expected to have significant constitutional implications concerning the balance of powers between the Union and the States in matters of criminal investigation.
