Appointment of DGPs

Why in News?

The Centre notified a new single-window system for appointing State DGPs with detailed checklists and eligibility rules, including a six-month minimum residual service requirement. States must now submit proposals three months before the post falls vacant for UPSC clearance.

Description:

Who is the DGP?

  • Director General of Police (DGP) is the highest-ranking police officer in a state or UT.
  • Also known as the State Police Chief.

SC’s Landmark Judgement – Prakash Singh Case (2006):

  • PIL filed by Prakash Singh (former DGP) in 1996.
  • SC issued 7 directives to reform the police system and reduce political interference.

Seven Directives of the SC (2006):

  • Fixed Tenure for DGPs:
    • Minimum tenure of 2 years to ensure independent functioning.
  • Transparent Appointment:
    • DGP must be selected from among the top 3 officers empanelled by UPSC.
  • Police Establishment Board (PEB):
    • For deciding transfers, postings, and promotions.
  • State Police Complaints Authority (SPCA):
    • To hear complaints from the public against police personnel.
  • Separation of Law & Order from Investigation:
    • To improve professionalism and reduce workload.
  • State Security Commission (SSC):
    • To ensure policy direction and insulate police from political pressure.
  • National Security Commission:
    • For central police forces’ oversight.

SC Directive on DGP Appointment (2018):

  • UPSC to shortlist 3 senior-most eligible officers.
  • States must select one from the panel, considering they have at least 6 months of service left.
  • DGP should have 2-year minimum tenure, irrespective of superannuation.

Contention by States:

  • Police & Public Order Are State Subjects (7th Schedule).
  • Some states (e.g., West Bengal) sought SC to modify its 2018 order, claiming:
    • UPSC lacks legislative backing to empanel DGPs.
    • Article 142 shouldn’t override state legislative powers.
    • The CM should have discretion in appointing the police chief.

Issue of Temporary DGPs:

  • States with Acting DGPs:
    • AP, Telangana, UP, Punjab (1+ year).
    • Uttarakhand, Odisha, West Bengal, J&K – recently appointed acting DGPs.
  • Example: UP had 4 acting DGPs in 20 months.

MHA’s Directive:

  • States must:
    • Appoint regular DGPs per SC + UPSC norms.
    • Use acting DGPs only in rare, exceptional cases.

Challenges in Implementation:

  • As per CHRI Report (2020):
    • No state fully complied with SC’s 2006 directives.
    • 18 states enacted Police Acts post-2006, but none aligned fully with the SC’s model.
    • States cite administrative flexibility and federalism concerns.

Constitutional Context:

  • Article 142: SC can pass any order to do “complete justice.”
  • Police & Public Order: Entry 2, State List – states’ domain.

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