Police Reforms Judgement | Prakash Singh

• Rule of law is needed --> Police helps in it --> So police must be insulated from extraneous pressures 
• You can refer to this polity lecture series for understanding rule of law
• Professional police --> Stable democracy +  achieve sustained economic progress.

What SC issued directions for immediate compliance vis-a-vis police reforms?

• The gravity of the problem
• The urgent need for preservation and strengthening of rule of law
• Pendency of even this petition (seeking police reforms) for last over 10 years
• The fact that various commissions and committees have made recommendations on similar lines for introducing reforms in the police set-up in the country
• Total uncertainty as to when police reforms would be introduced

What did the court order?

1. Setting up three institutions: 
• State security commissions to insulate the state police from extraneous pressures; 
• Police establishment boards to give autonomy to the department in personnel matters; 
• Police complaints authorities to ensure better accountability of the force. 
2. Regarding DGP
• Laid down a procedure for appointment of the DGP 
• A fixed tenure of two years
3. Mandated a two-year tenure for officers performing operational duties in the field
4. Directions for the separation of investigation from law and order in towns with a population of 10 lakh or more. 
5. The directions were to be implemented by December 31, 2006.

Reaction to judgement

• The judgement caused a huge flutter. 
• The states never expected such far-reaching directions. 
• SC stated that the court shall not permit review of its judgement, for which there was a proper procedure. 
• He divided the directions into two parts which had to be implemented forthwith (immediately): 
• the self-executory directions, which related to the appointment of DGP, 
• the prescribed minimum tenure for field officers and the setting up of police establishment boards
• For the remaining directions till March 31, 2007.

Was SC direction implemented?

• No, some states have cleverly passed laws to circumvent the implementation of the judgement while others have passed executive orders that violate the letter and spirit of the court’s directions. 
• The Centre has been chary of mounting pressure on the states and has not passed a model police act.

Conclusion in words of Prakash Singh, (The writer of this news in The Indian Express, a retired DG BSF and DGP of UP and Assam, filed the 1996 PIL on police reforms): A progressive, modern India could only be built on the foundations of a sound criminal justice system, of which the police is the central pillar.