Police-Executive Relationship in India

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Police-Executive Relationshipin India
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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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Police-Executive Relationship in India

• Salient Recommendations
• Malimath Committee on Reform of Cr. Justice
  System
• State Security Commission as recommended by
  National Police Commission

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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

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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 DGPs selection by State Police
  Board. Elaborate procedure for empanelment laid
  down

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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

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Police-Executive Relationship in India

• Supreme Courts 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

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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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Police-Executive Relationship in India
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