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Police-Executive Relationship in India

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Presentation on theme: "Police-Executive Relationship in India"— Presentation transcript:

1 Police-Executive Relationship in India

2 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 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 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, or Hostility / Confrontationist Postures Both detrimental for good policing

5 Police-Executive Relationship
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

6 Police-Executive Relationship
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

7 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 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 Need for Healthy Police-Politician Relationship
Helps political leaders in : realising the gravity of the given problem/situation understanding the problems of police in effectively dealing with a situation Helps police in : obtaining moral, material and organisational support for police operations Lack of it detrimental to both

10 Police-Executive Relationship in India
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 & )

11 Police-Executive Relationship in India
Salient Recommendations : 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

12 Police-Executive Relationship in India
Salient Recommendations : 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

13 Police-Executive Relationship in India
Salient Recommendations : 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

14 Police-Executive Relationship in India
Salient Recommendations : Malimath Committee on Reform of Cr. Justice System State Security Commission as recommended by National Police Commission

15 Police-Executive Relationship in India
Salient Recommendations : 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

16 Police-Executive Relationship in India
Salient Recommendations : 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

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

18 Police-Executive Relationship in India
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

19 Police-Executive Relationship in India
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

20 Police-Executive Relationship in India
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