PoliceExecutive Relationship in India Kamal Kumar IPS Retd

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

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

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

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

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

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

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

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

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

Police-Executive Relationship in India a Review of Relationship by Commissions & Committees : v National Police Commission (1977 - 81) v Ribeiro Committee (1998) v Padmanabhaiah Committee on Police Reforms (2000) v Malimath Committee on Reform of Criminal Justice System (2001 - 03) v Committee to Draft a Model Police Act (Soli Sorabjee Committee) (2005 -06) v 11 State-level Police Commissions (Between 1959 & 1984) Kamal Kumar, IPS (Retd)

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

Police-Executive Relationship in India a Salient Recommendations : Ribeiro Committee v 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’ v Selection of DGP by a Committee comprising Chairman, UPSC & officials of State & Central Govts. v Establishment of Police Establishment Boards to monitor transfers, promotions etc. matters upto the rank of Dy. SP Kamal Kumar, IPS (Retd)

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

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

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

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

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

Police-Executive Relationship in India a Supreme Court’s Intervention : v 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 0 f 1996) : Ä Constitute State Security Commissions to lay down broad policies & oversee police functioning Ä Create Police Establishment Boards to decide transfers/postings & other service-related matters Ä Select DGP from amongst 3 senior-most officers empanelled by UPSC Ä Provide fixity of tenure to DGP & other key functionaries Kamal Kumar, IPS (Retd)

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

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