The state Cabinet of Uttar Pradesh has cleared new rules (‘Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024’) for the appointment of its Director General of Police (DGP).
About the ‘Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024’
- The U.P government has proposed the fresh rules under the British era, The Police Act, 1861.
- Objective: As per the official statement, the rules were brought in to honour the Supreme Court’s landmark judgement in the Prakash Singh & Ors vs Union Of India case of 2006.The judgement calls for the state governments to enact a new Police Act which would safeguard the rights of citizens and establish the rule of law.
- Background: Uttar Pradesh does not have a regular DGP since 2022 as the State did not form a panel of senior Indian Police Service (IPS) officers eligible to be appointed State police chief.
- The Supreme Court is to hear shortly about the contempt notices it has issued to at least eight States ie. Punjab, Uttar Pradesh, Andhra Pradesh, Rajasthan, West Bengal, Telangana, Jharkhand and Bihar for appointing ad hoc DGPs.
- Provisions:
- Selection and Appointment Committee: The committee for the selection and appointment of the DGP will be,
- Chairman:It will be headed by a retired judge of the High Court
- Other Members: The Chief Secretary of the state; a nominee of the UPSC; the chairperson or nominee of the Uttar Pradesh Public Service Commission; the Additional Chief Secretary/Principal Secretary, Home Department; and retired DGP.
- Fixed Tenure: The new rules has fixed the minimum tenure of the DGP office at two years.
- Eligibility: The eligible candidates must have six months of service remaining on the date of creation of the vacancy.
- Also officers who are currently serving in the Director General (DG) role at Level 16 of the pay matrix will be considered for selection
- Removal: The state government can remove the DGP before the completion of two years in case any criminal case or case of corruption is filed against him, or if he otherwise fails to discharge his duties and responsibilities
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Appointment of State DGPs
- An Empanelment Committee headed by the UPSC Chairperson on behalf of the Union government gives a list of 3 officers to the respective State Government. The State Government has to choose one name from the list and appoint them as DGP.
- Members: The committee also includes Union Home Secretary, the Chief Secretary and DGP of the State Government and one of the heads of the Central Armed Police Forces (CAPF) nominated by the MHA who is not from the same cadre as its members.
- The State government on their part has to form a panel of senior Indian Police Service (IPS) officers eligible to be appointed State police chief as prescribed by the Union Public Service Commission (UPSC) following a 2006 Supreme Court judgment.
- UPSC Guidelines for Appointment of State DGPs: The UPSC had first framed guidelines for the preparation of a panel for appointment to the post of State DGPs in 2009.
- Selection: A DGP be selected by the State government from amongst the three senior-most officers of the department who have been empanelled for promotion to that rank by the UPSC.
- Only police officers with at least six months of service left before retirement will be considered for appointment as the Director General of Police of a State
- Officers on Central Deputation: The Committee will not assess Indian Police Service (IPS) officers on central deputation for a State DGP’s post if the Union Ministry of Home Affairs (MHA) informs the State government that “it will not be possible to relieve the officers.”
- Experience: Eligible officers requires ten years of experience in areas such as law and order, crime branch, economic offences wing, or intelligence wing, and deputation to central bodies such as the Intelligence Bureau, Research and Analysis Wing, or Central Bureau of Investigation, among others.
- Shortlisting: Maximum 3 candidates only can be shortlisted but the list may consist of less than three officers in “exceptional circumstances”.
- Plaintiff: Prakash Singh, the former DGP of UP Police and Assam Police had filed a PIL in the Supreme Court post his retirement, in 1996, seeking police reforms.
- Supreme Court Judgement: It directed all states and Union Territories to bring in police reforms and issued a series of directives which needed to be instilled so as to free the police from any political interference.
- Directives: The six main directives from the Supreme Court in the verdict were,
- Tenurial Security: The IG and DGP office of the state should be provided with tenurial security of minimum 2 years after appointment, to avoid situations of political interference in their working.
- Separation of Powers: To separate the function of investigation and law and order to better improve policing starting with towns/urban areas having a population of ten lakhs or more, and gradually extending to smaller towns/urban areas also.
- Set up Police Establishment Board: A Police Establishment Boards (PEB) comprising police officers and senior bureaucrats at the state level should decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police.
- State Police Complaints Authority (SPCA): To set up State Police Complaints Authority (SPCA) at state and district level to give a platform to common people to register their complaints who are aggrieved by police action
- National Security Commission: To set up a National Security Commission at the Union Level to prepare a panel for being placed before the appropriate Appointing Authority, for selection and placement of chiefs of the Central Police Organisations (CPOs)
- State Security Commission: To set up a State Security Commissions (SSC) that would have members from civil society on any of the models recommended by the National Human Right Commission, the Ribeiro Committee or the Sorabjee Committee.
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November 6, 2024
