The NIA was established in a concurrent jurisdiction framework, with provisions for taking up specific cases under specific Acts for investigation and prosecution. The NIA may be seen to conflict with responsibility that is exclusively with the states but it cannot be conclusively said that the Agency is unconstitutional

It is perhaps a truism that issues concerning India’s internal security like terrorism, Naxalism and insurgencies in the North East require a dynamic multi-pronged approach spread across states to manage and resolve them. Such a management and resolution package would possibly require crafting a national strategy capable of bypassing local political divisions and enabling India’s multiple political parties to work towards a consensus on issues concerning the nation.

On January 1, 2009 the National Investigative Agency Bill became a law. It provides for setting up a special agency at the national level “to investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto”.