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Kamal Kumar, IPS (Retd) Police-Executive Relationship in India.

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Presentation on theme: "Kamal Kumar, IPS (Retd) Police-Executive Relationship in India."— Presentation transcript:

1 Kamal Kumar, IPS (Retd) Police-Executive Relationship in India

2 Kamal Kumar, IPS (Retd) Police-Executive Relationship  As Defined in Law :  No law on Indian Statute Book specifically defines this relationship  Police Act of 1861, however, vests (Section 3) ‘Superintendence’ of the police in State Govts, albeit without expatiating on, or defining, the term  Section 4 of the Act assigns ‘Administration’ of the police at State level to Chief of State Police and his Deputies/Assistants  Also vests ‘Administration’ of District Police in District Supdt but ‘under the general control & supervision of District Magistrate’

3 Kamal Kumar, IPS (Retd) Police-Executive Relationship  As Defined in Law :  Several provisions of Criminal Procedure Code & various Special & Local Laws too clothe the State Govts. with powers & functions having a bearing on police functioning  But none of them either clarifies the issue of Police- Executive relationship, which would enhance efficiency in police work

4 Kamal Kumar, IPS (Retd) Police-Executive Relationship  Ground Situation :  In the absence of a proper understanding, vast divergence in ground situation from area to area, from individual actor to individual actor  Relationship often dogged by : Either Collusive Partnership, orEither Collusive Partnership, or Hostility / Confrontationist PosturesHostility / Confrontationist Postures  Both detrimental for good policing

5 Kamal Kumar, IPS (Retd)  Ground Situation :  Given the obscurity in law, it is left entirely to individuals on both sides to interpret ‘Superintendence’ & ‘Administration’  Increasing trend of interpreting ‘Superintendence’ to not only include but even end with matters relating to postings, transfers, rewards & punishments  Obvious implications for ‘Unity of Command’ & Discipline – both so very important for a uniformed organisation Police-Executive Relationship

6 Kamal Kumar, IPS (Retd)  Ground Situation :  Also, responsibility & accountability often dissipated due to extraneous patronage enjoyed by an increasing tribe of ‘smart’ individuals in the system  Professional approach to problems & issues of policing – often a casualty  Considerations of expediency get the better of good governance & good policing Police-Executive Relationship

7 Kamal Kumar, IPS (Retd) Need for Healthy Police-Politician Relationship  In a Democratic Polity :  Political Executive – constitutionally responsible for governance including policing  Political leadership in touch with grassroots levels – Better understanding of problems  Broader perspective & outlook  Bonafide problems & grievances of people – their legitimate concern  Inputs from political leaders – useful tools for good policing

8 Kamal Kumar, IPS (Retd) Need for Healthy Police-Politician Relationship  Political Interference  Complete divorce between politics & administration impossible, in a democratic polity. Perhaps undesirable too  Possible, however, to clearly demarcate the role of political executive, and to draw a line between ‘healthy’ & ‘unhealthy’ political influence  Also, ‘Interference’ often, invited by officers themselves, for immediate or futuristic benefits  Very few instances of witch-hunting of straight- forward, balanced officers – denial of choice postings apart

9 Kamal Kumar, IPS (Retd) Need for Healthy Police-Politician Relationship  Healthy Police – Politician Relationship :  Helps political leaders in : realising the gravity of the given problem/situationrealising the gravity of the given problem/situation understanding the problems of police in effectively dealing with a situationunderstanding the problems of police in effectively dealing with a situation  Helps police in : obtaining moral, material and organisational support for police operationsobtaining moral, material and organisational support for police operations  Lack of it detrimental to both

10 Kamal Kumar, IPS (Retd)  Review of Relationship by Commissions & Committees :  National Police Commission ( )  Ribeiro Committee (1998)  Padmanabhaiah Committee on Police Reforms (2000)  Malimath Committee on Reform of Criminal Justice System ( )  Committee to Draft a Model Police Act (Soli Sorabjee Committee) ( )  11 State-level Police Commissions (Between 1959 & 1984) Police-Executive Relationship in India

11 Kamal Kumar, IPS (Retd)  Salient Recommendations : National Police Commission National Police Commission  Constitution of statutory State Security Commissions to help State Govts in discharge of their superintending responsibility  Selection of DGP from out of a panel prepared by a Committee chaired by Chairman, Union Public Service Commission (UPSC)  Police Act itself to specify the authorities competent to issue orders of transfer/suspension of police officers of different ranks  Fixity of tenure of office for DGP & other key functionaries Police-Executive Relationship in India

12 Kamal Kumar, IPS (Retd)  Salient Recommendations : Ribeiro Committee Ribeiro Committee  Constitution of non-statutory, advisory & recommendatory State Security Commissions to, inter alia, ‘check arbitrary acts of politicians’, ‘ensure transparency & accountability in policing’, & ‘protect police officers from unwarranted pressures’  Selection of DGP by a Committee comprising Chairman, UPSC & officials of State & Central Govts.  Establishment of Police Establishment Boards to monitor transfers, promotions etc. matters upto the rank of Dy. SP Police-Executive Relationship in India

13 Kamal Kumar, IPS (Retd)  Salient Recommendations : Padmanabhaiah Committee on Police Reforms Padmanabhaiah Committee on Police Reforms  Operational autonomy of police to be ensured to check political interference  Selection of DGP from out of a panel of names recommended by a Committee chaired by Chief Justice of concerned High Court  Minimum tenure of 2 years for DGP & other police officers Police-Executive Relationship in India

14 Kamal Kumar, IPS (Retd)  Salient Recommendations : Malimath Committee on Reform of Cr. Justice System Malimath Committee on Reform of Cr. Justice System  State Security Commission as recommended by National Police Commission Police-Executive Relationship in India

15 Kamal Kumar, IPS (Retd)  Salient Recommendations : Model Police Act drafted by Soli Sorabjee Committee Model Police Act drafted by Soli Sorabjee Committee  ‘Superintendence’ as well as ‘Administration’ defined  Constitution of ‘State Police Boards’ to :  Frame policy guidelines for promoting efficient, effective, responsive & accountable policing  Prepare panel of police officers for selection of DGP  Identify Performance Indicators to evaluate police functioning  Review & evaluate police functioning periodically Police-Executive Relationship in India

16 Kamal Kumar, IPS (Retd)  Salient Recommendations : Model Police Act drafted by Soli Sorabjee Committee Model Police Act drafted by Soli Sorabjee Committee  Role & Functions of State Govt as well as DGP clearly demarcated & elaborated  Constitution of Police Establishment Committees to consider & recommend transfers/postings & to examine complaints from police officers about being subjected to illegal orders  Empanelment for DGP’s selection by State Police Board. Elaborate procedure for empanelment laid down Police-Executive Relationship in India

17 Kamal Kumar, IPS (Retd)  Salient Recommendations : Model Police Act drafted by Soli Sorabjee Committee Model Police Act drafted by Soli Sorabjee Committee  Fixity of tenure for DGP & other key functionaries, with provision for removal only under specified situations Police-Executive Relationship in India

18 Kamal Kumar, IPS (Retd)  Supreme Court’s Intervention :  Directions of the Supreme Court to all State Govts. in a PIL filed by an ex-Police Officer (Prakash Singh v. Union of India – WP No f 1996) :  Constitute State Security Commissions to lay down broad policies & oversee police functioning  Create Police Establishment Boards to decide transfers/postings & other service-related matters  Select DGP from amongst 3 senior-most officers empanelled by UPSC  Provide fixity of tenure to DGP & other key functionaries Police-Executive Relationship in India

19 Kamal Kumar, IPS (Retd)  Status of Implementation of Recommendations/ Supreme Court Directions  Strong reservations among State Govts  Many also sought revision of orders by the Apex Court, albeit unsuccessfully  31 March 2007 – Deadline set by Supreme Court  No movement in the direction of reform, however, in evidence so far Police-Executive Relationship in India

20 Kamal Kumar, IPS (Retd) THANK YOU Police-Executive Relationship in India


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