The Supreme Court on 16 December dismissed the pleas of five states seeking modification of its order issued last year on the selection and appointment of director generals of police. The apex court was hearing applications of various state governments, including Punjab, Kerala, West Bengal, Haryana and Bihar, seeking implementation of their local laws regarding the selection and appointment of DGPs. A bench headed by Chief Justice Ranjan Gogoi said the earlier directions of the court on selection and appointment of DGPs were issued in larger public interest and to protect the police officials from political interference. The top court, on July 3 last year, passed a slew of directions on police reforms in the country and chronicled the steps for appointment of regular DGPs. It said the states will have to send a list of senior police officers to the UPSC at least three months prior to the retirement of the incumbent. The commission will then prepare a panel and intimate the states, which in turn will immediately appoint one of the persons from that list.
What are the guidelines as per prakash singh for selecting GDP?
- SC ordered that the director general of police shall be selected by the state government from amongst the three senior-most officers of the department empanelled for promotion to the rank by UPSC and shall have a prescribed minimum tenure of 2 years.
- Police officers on operational duties in the field would also have a minimum tenure of two years.
- The court also ordered to separate the investigation and law and order functions of the police to ensure speedier investigation, better expertise and improved rapport of the people.
- The union govt was asked to set up a national security commission for the selection and placement of heads of central police organisations, upgrading the effectiveness of these forces and improving the service conditions of its personnel.
- Due weightage should be given to merit and seniority.
- The State government should consult with the State Security Commission and the removal can be done under –
- the All India Services (Discipline and Appeal) Rules
- conviction in a court of law in a criminal offence
- a case of corruption
- incapacitation from discharging his duties
Why there was a need of prakash singh judgement?
- There is a need for the transparency in selection process to prevent nepotism and corruption.
- The DgP’s moral reflects the mood of people working under him
- The post of DGP shall be devoid of political influence.
- The head of the police should have the moral authority. But, when favourites of political executive are given preference, demoralisation creeps into force.
- Most of the states also appointed an ad-hoc basis and gave them an extension subverting the existing procedures
Why there was a need for involvement of UPSC?
- Police haven’t been able to perform impartially in most states which called for supreme intervention to set things right
- All the guidelines wrt appoint of DGP have been violated by most of the states
- None of the states have appointed Police Complaint Committee in tune with SC’s decision
Does SC’s recent guidelines end the influence of political class?
It will insulate the post of DGP from interference by political executives to a greater extent. However, there are different ways of hijacking the system.
- Rule of law must prevail
- Similar procedures shall be followed for other posts like Chief Secretary
- India needs meritocracy and not mediocrity
- Contempt of court proceeding should be initiated for those violating the guidelines