GOVERNMENT OF INDIA
Ministry of Home Affairs
UNSTARRED QUESTION NO. 1481
ANSWERED ON DECEMBER 18, 2013 / AGRAHAYANA 27, 1935 (SAKA)
Steps to Encourage States to Enact Police Reform Laws
1481. SHRI RAJEEV CHANDRASEKHAR:
Will the Minister of HOME AFFAIRS be pleased to state:
(a) whether Government is aware of the directives of the Hon'ble Supreme Court to streamline appointments, achieve functional autonomy of the police forces and enhance police accountability, as laid out in the 2006 verdict of the Prakash Singh Vs. Union of India case;
(b) whether Government is aware that States have failed to comply with many of its directions to bring about police reforms;
(c) if so, the details thereof and the reasons therefor; and
(d) the steps taken by Government to encourage States to enact· police reform laws?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI MULLAPPALLY RAMACHANDRAN)
(a): Yes, Sir. The Hon'ble Supreme Court of India passed a judgement on 22nd September, 2006 in Writ Petition (Civil) No. 310 of 1996 - Prakash Singh & Others Vs Union of India & Others on several issues concerning Police Reforms. The directions are as follows:-
(i) Constitute a State Security Commission on any of the models recommended by the National Human Right Commission, the Reberio Committee or the Sorabjee Committee.
(ii) Selection of the Director General of Police of the State from amongst the three senior-most officers of the Department empanelled for promotion to that rank by the Union Public Service Commission and once selected, provide a minimum tenure of at least two years irrespective of date of superannuation.
(iii) Prescribe a minimum tenure of two years to the police officers on operational duties.
(iv)Separate investigating police from law & order police, starting with towns/urban areas having population of ten lakhs or more, and gradually extend to smaller towns/urban areas also.
(v) Set up a Police Establishment Board at the State level for, inter alia deciding all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police, and
(vi)Constitute Police Complaints Authorities at the State and District level for looking into complaints against police officers.
(vii) Set up a National Security Commission at the Union level to prepare a panel for being placed before the appropriate Appointing Authority, for selection and placement of Chiefs of the Central Police Organisation (CPO) who should have also be given a minimum tenure of two years.
(b) to (d): As "Public Order" and "Police" are "State" subjects falling in Entry 1 & 2 of List-11 of the Seventh Schedule of the Constitution of India, police reforms measures / directives of the Supreme Court are being implemented by the State Governments and Union Territory (UT) Administrations. The State Governments are filing the status reports on compliance of the judgement dated 22nd September, 2006 in Writ Petition (Civil) No. 310 of 1996 – Prakash Singh & Others Vs Union of India & Others in the Hon'ble Court. The Hon'ble Supreme Court is directly monitoring the status of implementation of its directives.
So far as Central Government and Union Territories are concerned, there has been a significant and substantial compliance of the directions of the Hon'ble Supreme Court. The details are at Annexure.
As Police Reforms is a continuous process, the Centre has been persuading the State Governments/UT Administrations from time to time to bring in the requisite reforms in the police administration to meet the expectations of the people. Police reform measures are also supported through the grants-in-aid released to the State Governments under the Scheme for Modernisation State Police Forces (MPF) by the Ministry of Home Affairs.