Daily News Analysis

The 2006 Supreme Court ruling on police reforms  

31st March, 2021 Internal Security

Context: Political interference in police postings continues despite the landmark Prakash Singh judgment nearly a decade-and-a-half ago that addressed the issue and was pegged to be a watershed moment in police reforms.

 

What is the SC’s Prakash Singh judgment on police reforms?

  • Prakash Singh, who served as DGP of UP Police and Assam Police besides other postings, filed a PIL in the Supreme Court post retirement, in 1996, seeking police reforms.
  • In a landmark judgment, the Supreme Court in September 2006 had directed all states and Union Territories to bring in police reforms.

 

What measures were suggested by the Supreme Court?

  • The seven main directives from the Supreme Court in the verdict were fixing the tenure and selection of the DGP to avoid situations where officers about to retire in a few months are given the post.
  • In order to ensure no political interference, a minimum tenure was sought for the Inspector General of Police so that they are not transferred mid-term by politicians.
  • The SC further directed postings of officers being done by Police Establishment Boards (PEB) comprising police officers and senior bureaucrats to insulate powers of postings and transfers from political leaders.
  • Further, there was a recommendation of setting up State Police Complaints Authority (SPCA) to give a platform where common people aggrieved by police action could approach.
  • Apart from this, the SC directed separation of investigation and law and order functions to better improve policing, setting up of State Security Commissions (SSC) that would have members from civil society and forming a National Security Commission.

 

How did states respond to these directives?

  • The Commonwealth Human Rights Initiative (CHRI), in its report on September 22, 2020 that tracked changes made in the police force following the 2006 judgment, found that not even one state was fully compliant with the apex court directives and that while 18 states passed or amended their Police Acts in this time, not one fully matches legislative models.

 

https://indianexpress.com/article/explained/explained-2006-sc-ruling-police-reforms-states-circumvent-influence-postings-7251526/