Union Public Service Commission Amends Rules for Selection of State Directors General of Police

The Union Public Service Commission (UPSC) has amended the rules regarding the selection of Directors General of Police (DGPs) for the states. This step has been taken following repeated violations by states of the Supreme Court's directives—issued in the landmark *Prakash Singh vs. Union of India* case—concerning delays and irregularities in the appointment of DGPs. The UPSC has clarified that states must strictly adhere to the timelines mandated by the Supreme Court for DGP appointments. To ensure continuity in leadership, states are now required to submit their proposals at least three months prior to the retirement of the incumbent DGP. This clarification comes in the wake of recurring delays by states in forwarding nominations, as well as instances of appointing 'acting' or 'temporary' DGPs in contravention of judicial directives.

Key Changes in the Appointment Process

¨     Mandatory Timeline:** It is now mandatory for states to submit their proposals three months prior to the vacancy arising.

¨     Supreme Court Permission for Delays:** For any delay (barring exceptional circumstances such as death or resignation), it is mandatory to obtain permission or clarification from the Supreme Court.

¨     UPSC's Limited Discretion:** The UPSC cannot initiate the selection process based on a delayed proposal unless such delay has been explicitly permitted or condoned by the Supreme Court.

¨     Rigorous Selection Process:** The UPSC will prepare a panel comprising three eligible IPS officers. The State Government is required to appoint one of these officers from this specific panel.

¨     Ban on Acting DGPs:** The Supreme Court has reiterated that, under the law, "there is no concept of an 'acting DGP'," and states have been directed to refrain from appointing police chiefs on an *ad hoc* or temporary basis.

Prakash Singh Case (2006)

¨     The Prakash Singh vs. Union of India* case marks a watershed moment in the realm of police reforms. It began with a Public Interest Litigation (PIL) aimed at undertaking systemic police reforms to reduce political control over the police machinery and to ensure professional autonomy and accountability.

¨     Directive 1: Separation of Investigation and Law & Order Functions:** The Court recommended separating police functions related to law and order (an executive function) from those related to criminal investigation (a component of the criminal justice system).

¨     Directive 2: Appointment of the DGP:** To ensure that the appointment of the Director General of Police (DGP) is conducted through a transparent process and that the incumbent holds a minimum tenure of two years. State governments are required to send proposals for the appointment of the DGP to the Union Public Service Commission (UPSC) at least three months prior to the retirement of the incumbent officer. The UPSC, in consultation with the State government, prepares a panel of three eligible police officers. Subsequently, the State government appoints one of these officers as the DGP.

¨     Directive 3: Minimum Tenure for Police Officers:** To ensure that other police officers deployed for operational duties—including the Superintendent of Police (SP) in charge of a district and the Station House Officer (SHO) in charge of a police station—also hold a minimum tenure of two years.

¨     Directive 4: Establishment of a State Security Commission (SSC):** To ensure that the State government does not exert undue influence or pressure on the police; to formulate broad policy guidelines; and to evaluate the performance of the State police.

¨Directive 5: Constitution of a Police Establishment Board:** Its objective is to decide on matters regarding the transfer, promotion, deployment, and other service-related issues of police officers of the rank of Deputy Superintendent of Police (DSP) and below. Additionally, this Board submits its recommendations regarding the deployment and transfer of officers holding ranks higher than that of a DSP.    

¨     Directive 6: Establishment of a Police Complaints Authority (PCA): At the State level, to inquire into public complaints regarding cases of serious misconduct against police officers of the rank of Deputy Superintendent of Police (DSP) and above—including custodial death, grievous hurt, or rape in police custody. At the District level, to inquire into public complaints regarding cases of serious misconduct against police personnel below the rank of Deputy Superintendent of Police (DSP).

¨     Directive 7: Constitution of a National Security Commission at the Central level: Its objective is to prepare a panel for the selection and appointment of the Chiefs of Central Police Organizations (CPOs), ensuring a minimum tenure of two years for them.

Various Committees/Commissions on the Police Commission

¨     National Police Commission (1977): Constituted under the Morarji Desai government, this commission recommended measures to improve the efficiency of the police force and to foster a professional approach.

¨     Ribeiro Committee on Police Reforms (1998): Appointed by the Supreme Court to review the implementation of the recommendations of the National Police Commission (NPC), this committee recommended the establishment of a ‘Police Performance and Accountability Commission’ and a ‘District Complaints Authority’ in the states.

¨     Padmanabhaiah Committee on Police Reforms (2000): The committee recommended that the selection of Constables and Sub-Inspectors should be based on a preliminary qualifying screening test.

¨     Malimath Committee on Reforms in the Criminal Justice System (2003): It recommended the separation of investigative functions from law-and-order duties, the enhancement of forensic science capabilities, and the introduction of the system of ‘plea bargaining’.

¨     Mushahary Committee (2004): It recommended the constitution of a Selection Board for the recruitment of police personnel (to be chaired by a DIG, assisted by an SP), a revision of the pay scales and working hours of Constables, and an improvement in the promotion prospects for Constables.