Reference Text
Time Left10:00
By
giving
the
Union
Public
Services
Commission
(UPSC)
a
say
in
the
appointment
of
Director
General
of
Police
(DGP)
in
states,
the
Supreme
Court
has
taken
a
simplistic
approach
to
the
vexed
issue
of
police
reforms.
On
Tuesday,
the
Court
asked
the
states
to
notify
the
UPSC
at
least
three
months
before
the
post
of
DGP
falls
vacant
and
appoint
the
officer
from
a
panel
drawn
up
by
the
Commission.
The
order
is
actually
a
reiteration
of
a
directive
issued
by
the
court
in
its
2006
verdict
in
Prakash
Singh
vs
Union
of
India.
That
verdict
had
taken
a
nuanced
approach
to
a
gamut
of
issues
related
to
the
autonomy
of
the
police
force.
However,
by
vesting
in
the
UPSC
the
power
of
empaneling
DGPs,
the
apex
court
transgressed
into
the
rights
of
states.
Tuesday's
directive
perpetuates
this
original
sin.
That
said,
the
states
cannot
be
absolved
of
tardiness
in
implementing
the
Prakash
Singh
verdict.
The
judgment
enjoined
every
state
to
constitute
a
State
Security
Commission
(SSC)
'to
ensure
that
the
state
government
does
not
exercise
unwarranted
influence
or
pressure
on
the
state
police'.
But
12
years
after
the
landmark
verdict,
less
than
20
states
have
incorporated
this
directive
in
full
conformity
with
the
apex
court's
scheme.
The
verdict
had
also
asked
for
the
constitution
of
state
level
Police
Establishment
Boards
(PEB)
to
decide
all
transfers,
postings,
promotions
and
other
service
related
matters
for
officers
of
and
below
the
rank
of
superintendent
of
police.
In
April,
a
report
by
the
Commonwealth
Human
Rights
Initiative
noted
that
'while
all
states
have
constituted
the
PEB
on
paper,
only
Arunachal
Pradesh
complies
with
the
directive
fully'.
In
September
last
year,
the
SC
started
hearing
a
clutch
of
pleas
claiming
that
states
and
union
territories
have
not
implemented
its
2006
verdict.
Here,
then,
was
a
chance
for
the
apex
court
to
remove
a
glitch
from
its
2006
judgment
course
correct
like
it
has
done
on
more
than
one
occasion
in
the
last
year.
And
indeed,
there
can
be
no
argument
against
the
first
part
of
its
directive,
which
asks
states
to
ensure
that
a
DGP
is
appointed
'through
a
merit
based
transparent
process'.
But
by
reiterating
that
the
UPSC
is
the
custodian
of
this
process,
the
SC
has
not
only
lost
an
opportunity
to
improve
a
landmark
verdict,
it
has
not
furthered
the
cause
of
autonomy
for
the
police
forces.
By
giving
the
Union
Public
Services
Commission
(UPSC)
a
say
in
the
appointment
of
Director
General
of
Police
(DGP)
in
states,
the
Supreme
Court
has
taken
a
simplistic
approach
to
the
vexed
issue
of
police
reforms.
On
Tuesday,
the
Court
asked
the
states
to
notify
the
UPSC
at
least
three
months
before
the
post