The 2006 Supreme Court judgment, delivered in the Prakash Singh case, laid down several guidelines aimed at reforming the police system in India.
New Delhi, March 25 – The Supreme Court of India has announced that it will hear petitions in May regarding the implementation of its 2006 judgment on police reforms. The ruling had suggested several measures, including separating the functions of investigation and maintaining law and order.
The 2006 Supreme Court judgment, delivered in the Prakash Singh case, laid down several guidelines aimed at reforming the police system in India. One of the major directives was that state governments cannot appoint Directors General of Police (DGP) on an ad hoc or interim basis.
Instead, the Union Public Service Commission (UPSC), in consultation with state governments and other stakeholders, must create a list of three senior police officers, out of which a state government can select one as the DGP.
On Tuesday, senior advocates Prashant Bhushan and Dushyant Dave raised concerns before a Supreme Court bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan. They argued that several state governments were violating the Supreme Court’s guidelines.
Prashant Bhushan stated, “There has been rampant corruption in the appointment of police chiefs… rampant.”
Dushyant Dave added, “State after state is refusing to comply with the judgment and directions.” He further warned, “If these reformatory directions are not implemented then we will lose everything for which we stand.”
He emphasized the seriousness of the situation, saying,
“Every second state is taking law into their own hands on the appointment of a DGP.”
In response, the Supreme Court directed that a contempt petition be served to the Jharkhand government and scheduled all related cases for hearing in the week starting May 5.
During the hearing, Prashant Bhushan reminded the court of one of the key directives in the 2006 judgment.
He said, “It was recommended that there should be separation of police functions of investigation and maintaining law and order.”
He further explained, “Law and order is an executive function and investigation is part of the criminal justice delivery system.”
2006 Judgment
BRIEF FACTS
On November 15, 1977, the Government of India established the National Police Commission to evaluate the role and performance of the police force, both as a law enforcement agency and as an institution for protecting and promoting rights. The Commission conducted in-depth studies and analyses over three and a half years, ultimately submitting its final report in May 1981. The report proposed several recommendations, including an impartial inquiry into police misconduct, the creation of a ‘Chief of Police’ position in the States, and the establishment of a Statutory Commission in every State to assist and oversee police operations.
However, the Government of India disregarded these recommendations, and like many other commission reports, they were not implemented. Meanwhile, a highly respected and Padma Shri-awarded police officer filed a writ petition in the Supreme Court under Article 32 of the Constitution, seeking police reforms.
The 2006 Supreme Court verdict, delivered on a Public Interest Litigation (PIL) filed by former DGPs Prakash Singh and N.K. Singh, included several other reform measures:
- Fixed Tenure for Police Chiefs: State DGPs and other senior officers must have a minimum tenure of two years to ensure stability and prevent political interference.
- Merit-Based Appointments: The selection process for DGPs and other senior police officials should be based on merit and transparency.
- State Security Commission: Each state must set up a commission to prevent political interference in police operations.
- Police Establishment Board: This board should oversee transfers, postings, promotions, and service-related matters for police officers up to the rank of Deputy Superintendent of Police (DSP).
- Police Complaints Authority: Each state must have an independent body to investigate serious misconduct by police officers, including cases of custodial death, grievous hurt, or rape in custody.
- National Security Commission: A central-level commission should be created to oversee the selection and appointment of heads of Central Police Organizations with a guaranteed tenure of at least two years.
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