Police-Executive Relationship in India

1. Police-Executive Relationshipin 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 • 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 (1977 - 81) • Ribeiro Committee (1998) • Padmanabhaiah Committee on Police Reforms (2000) • Malimath Committee on Reform of Criminal Justice System (2001 - 03) • Committee to Draft a Model Police Act (Soli Sorabjee Committee) (2005-06) • 11 State-level Police Commissions (Between 1959 & 1984)

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 Committeeon 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 Committeeon 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 bySoli 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 bySoli 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 bySoli 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. 310 0f 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

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