Supreme Court Flagged States Acting DGPs

Recently, the Supreme Court flagged States’ continued reliance on ‘acting’ DGPs, reiterating mandatory compliance with the Prakash Singh (2006) police reforms judgment.

Key Issues Flagged by the Supreme Court

• States are deliberately delaying proposals to the UPSC to avoid appointing regular DGPs with fixed tenure.
  • The last regular DGP in Telangana was appointed in November 2015 and the officer retired in November 2017.
• The practice of appointing “acting” DGPs undermines police independence and violates binding judicial directions.
• Meritorious senior IPS officers lose career opportunities due to arbitrary and delayed appointments.
• Political interference in police leadership weakens rule of law and internal security governance.

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Previous Supreme Court Orders on DGP Appointments

• Prakash Singh v. Union of India (2006): The Supreme Court of India issued seven mandatory directives for police reform aimed at curbing political interference and improving accountability.
  • State Security Commission: Constitute a commission to ensure the government does not exercise unwarranted influence.
  • Minimum Tenure: Select the Director General of Police (DGP) through a merit-based, transparent process with a minimum tenure.
  • Fixed Tenure: Provide a minimum of two-year tenure for police officers on operational duties.
  • Functional Separation: Separate investigation from law and order functions.
  • Establishment Board: Create a Police Establishment Board to handle transfers, postings, and promotions.
  • Complaints Authority: Establish State and District Police Complaints Authorities for misconduct.
  • National Security Commission (NSC): Set up a commission to select heads of central police forces.
• SC Orders (2018 & 2019): The Supreme Court prescribed clear timelines, eligibility criteria, and procedural safeguards for UPSC-led empanelment of senior police officers to ensure transparency.
• Article 142 Powers: The Court invoked Article 142 to enforce police reforms and insulate appointments and transfers from political interference.
• Recent Orders (2026): The Supreme Court strengthened UPSC’s role by enabling it to demand explanations and flag non-compliance when States delay or withhold empanelment proposals.

About Director General of Police (DGP)

• The Director General of Police (DGP) is the highest-ranking police officer in a State, responsible for overall administration, supervision and operational control of the State police force.
• Eligibility and Experience
  • Must be a senior IPS officer with extensive experience in law and order, crime investigation, intelligence, or economic offences.
  • UPSC guidelines require minimum residual service to ensure stability of tenure.
• Appointment Procedure
  • The State Government sends proposals to the UPSC three months before the incumbent DGP’s retirement.
  • UPSC empanels three senior-most and meritorious officers.
  • The State appoints one officer from the panel as regular DGP.
• Role and Functions
  • Ensures maintenance of public order and internal security.
  • Supervises policing standards, investigations and force discipline.
  • Acts as a key link between the political executive and police administration.
• States’ Powers: Police is a State subject (List II, Seventh Schedule).
  • Superintendence of police vests with the State Government under the Police Act, 1861, but is subject to constitutional and judicial limitations.

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Conclusion

• Persistent non-compliance with police reform directives erodes institutional autonomy; enforcing regular DGP appointments is essential for professional policing, democratic accountability, and the rule of law.

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