The proposed amendment Bill,which is intended to confer the powers of State Police Officers to RPF,is unwarranted,severe violation of the constitutional spirit and a blow to the federal structure of India. It also affects power of the state legislature, Modi has said in the letter.
The provisions being inserted by the proposed amendment of the RPF Act,1957 is not in consonance with the schemes provided under article 246 of the Constitution of India,he said.
Public order and police are state subjects and proposing an amendment on these subjects under entry 22,30 and 93 of Union List with entry 2 of the concurrent list in schedule VII of the Constitution of India is not only a step to infringe upon powers of the state,but also a serious blow to the federal structure of the country,the CM wrote.
Recently National Counter Terrorism Centre (NCTC) is notified unilaterally in violation of the Constitutional provisions and many states have taken strong objections to it. In continuation of this,a Bill to give police powers to RPF is being mooted,which again is another attempt to curtail states powers… Modi added.
He further said the Ministry is attempting to advocate a theory that railway property in the country is an independent entity and gave an impression that it is a state within a state,thus,justifying conferring of police powers of investigation and arrest to the RPF.
A parallel has been drawn from the provisions of the Delhi Special Police Establishment Act under which the CBI draws jurisdiction in support of such move which is unfortunate and shocking,he said.