Administrative law and NCIIPC regulation
🧾 I. Administrative Law: A Quick Refresher
Administrative Law governs the powers and procedures of administrative agencies and ensures they act within their limits. It seeks to:
Protect citizens from arbitrary actions by government authorities.
Uphold Rule of Law, Natural Justice, and Judicial Review.
Maintain transparency and accountability in governance.
🖥️ II. What is NCIIPC?
🔐 National Critical Information Infrastructure Protection Centre (NCIIPC)
Established under Section 70A of the Information Technology Act, 2000, through a gazette notification in 2014.
Works under the National Technical Research Organisation (NTRO).
Designated as the nodal agency to protect Critical Information Infrastructure (CII).
✅ Objectives:
Protect assets crucial to national security, economy, public health, and safety.
Identify and notify critical sectors (e.g., power, banking, telecom, transport, government).
Issue guidelines, advisories, vulnerability alerts, and incident response protocols.
⚖️ Legal Basis:
IT Act, 2000 (amended) – Sections 70, 70A, and 70B.
Section 70A empowers NCIIPC to oversee protection of CII and to coordinate with stakeholders, including CERT-In.
📚 III. Intersection of Administrative Law and NCIIPC
NCIIPC, though a technical body, is a creature of statute and performs administrative functions, making it subject to:
Principles of Natural Justice
Judicial Review under Article 226/32
Accountability for decisions affecting fundamental rights (e.g., internet shutdowns, data sharing, cyber regulation)
🧑⚖️ IV. Detailed Case Laws (More than Five Cases)
1. Shreya Singhal v. Union of India (2015)
Citation: AIR 2015 SC 1523
Relevance: Free Speech, IT Act Section 66A, Cyber Regulation
Facts:
Section 66A of the IT Act criminalized sending "offensive messages" online.
Two women were arrested for posting comments on Facebook about a bandh.
Held:
Supreme Court struck down Section 66A as unconstitutional.
It violated **Article 19(1
RELATED Blog
0 comments