The Centre has prevailed over the Gujarat government’s suggestion to let the State Home Secretary be the final authority on phone-tapping requests, by making it clear that the State cannot have ‘absolute powers’ and such decisions and clearances will only be processed by the Union Home Secretary.

Presently, a State Home Secretary is permitted to authorise interception of phone calls as its office has been delegated to do so by the Union Home Secretary. This delegation of power from the Centre to the State is reviewed from time to time and can be revoked too, explained a senior Home Ministry official. The Home Ministry, which recently gave the green signal to the contentious Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill, 2015, watered down this clause of the State government, in the final version of the Bill sent to the President of India for his assent. Once the President has signed the Bill, it becomes a law.