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Polity & Governance
Mahesh

08/11/24 11:42 AM IST

UP introduced new rules for appointing its police chief

In News
  • The Uttar Pradesh government has framed new rules for appointing the state’s Director General of Police (DGP). 
New rules
  • The ‘Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024’ was cleared by the state Cabinet.
  • According to these rules, UP’s DGP would be appointed by a selection committee based on their remaining tenure, service record, and experience.
  • Only officers with a minimum remaining tenure (before retirement) of six months from the date of creation of the vacancy would be eligible for the appointment as the state’s senior most police officer.
  • Once appointed, the DGP would have a minimum tenure of two years.
  • The selection committee will be headed by a retired judge of the High Court, and will include the UP Chief Secretary, a nominee of the Union Public Service Commission (UPSC), the chairperson or nominee of the Uttar Pradesh Public Service Commission, the Additional Chief Secretary/Principal Secretary, a representative of the Home Department, and a retired DGP.
Existing practice
  • UP’s new rules essentially reduce the role of the Centre in the DGP’s appointment in the state by eliminating the process of sending a list of officers to the UPSC.
  • DGPs are currently appointed based on the directions of the SC in the Prakash Singh case.
  • According to these directions, the state government is supposed to prepare and send to the UPSC a list of senior most eligible officers in the state, three months before retirement of the incumbent DGP.
  • The UPSC vets the list based on the officer’s seniority, service record, integrity, and field experience, and sends the state a shortlist of three officers, one of whom the state is expected to appoint as the new DGP.
  • The apex court’s directions also said that the DGP so appointed should have a tenure of at least two years, and should have at least six months of service left at the time of selection.
Previous judgments
  • In 2018, following an intervention application by Prakash Singh, the SC issued directions that states would not appoint temporary or Acting DGPs. It had also said that states, as far as practicable, should not appoint an IPS officer as DGP unless they had two clear years of service.
  • This was modified and restricted to “at least six months” of service by Gogoi’s 2019 judgement.
  • Moreover, the 2018 judgement while spelling out its directions had said, “Any legislation/rule framed by any of the States or the Central Government running counter to the direction shall remain in abeyance to the aforesaid extent.”
  • This direction had come in the backdrop of many states enacting laws that were said to have either circumvented SC directions on police reforms or violated its spirit.
  • The judgement also said, “If any State Government/Union Territory has a grievance with regard to these directions, liberty is granted to them to approach this Court for modification of the instant order.”
  • Gogoi’s judgement in 2019 too suggested that the apex court would examine the validity of state Acts.
  • “The above direction, naturally, will hold the field until the validity of the Police Acts in force which provides to the contrary are examined and dealt with by this Court.
Other states rules
  • States which have enacted their own Police Acts have either provided for appointment of DGP according to UPSC guidelines, or formed committees for the same.
  • These committees are expected to choose a DGP from a list of five senior most eligible officers.
  • This is also in conformation with the Model Police Act prepared by the Bureau of Police Research and Development (BPR&D) under the union Ministry of Home Affairs.
  • Current UP DGP Prashant Kumar is 13th in the seniority list in the state.
  • Sources in many state governments, however, argue that seniority and service record alone should not be determinant of the suitability of an officer for the DGP’s post.
  • A sycophant may have a great service record because it is written by his seniors. That is why the Centre has brought in the system of 360 degree evaluation. States should also get that freedom.
Source- Indian Express

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