TARGET UPSC TARGET UPSC The Lead You Need Sankalp Integrated Mains Program Day 03 The policing system needs to be reformed to be in tune with present day scenario. Critically Analyse. Introduction The primary role of police forces is to uphold and enforce laws, investigate crimes and ensure security for people in the country. Under the Constitution, police is a subject governed by states. There has been almost 30 years of debate on policing and reform in India. The present Indian police system is largely based on Police act of 1861. Police reforms has been on the agenda of Governments almost since independence but even after more than 70 years, the police is seen as selectively efficient, unsympathetic to the under privileged. The Supreme Court has stated that the landmark judgment of Prakash Singh v. Union of India (2006), which dealt with police reforms, is used periodically only as a mantra, to suit the occasion whenever it arises. Need for Police Reforms 1. If India is to achieve its status as a great power, itis absolutely essential that police is restructured and modernised 2. To increase efficiency in maintaining Law & Order 3. Modernise Force: To transform the colonial police structure of the country into a progressive, modern force sensitive to the democratic aspirations of the people. 4, To eliminate the undue political interference. The police of today are victims of politicization as well as criminalization. [PRenroll: hetpsi/targetupsc.in/courses _| [J] Contact: 8830115524TARGET UPSC 5. To instil the confidence of the people in the institution of police by making police more people friendly. 6. The security of the society and the welfare of the people is dependent on the efficiency of the police. Challenges: 1. Overburdened police force: Police force is overburdened especially at lower levels where constabulary is forced to work continuously 14-16 hrs and also for 7 days a week. a. While the sanctioned police strength was 181 police per lakh persons in 2016 when the United Nations recommended standard is 222 police per lakh persons. 2. Improving police infrastructure: Failure of police infrastructure like vehicles, weaponry. Also audits have found that the POLNET network is non-functional in various states. a. Funds dedicated for modernisation of infrastructure are typically not utilised fully. 3. Political influence: Second Administrative Reforms Commission has noted that ministers have used police forces for personal and political reasons. 4. Police accountability: Police forces have the authority to exercise force to enforce laws and maintain law and order in a state. However, this power may be misused in several ways 5. Poor quality of investigation: The all-India charge sheeting rate for crimes under the Indian Penal Code (IPC) that were investigated in 2019 was 67.2%, a slight dip from 68.1% in 2018, while the conviction rate improved marginally to 50.4% from 50% in 2018. However, convictions have been low. a. The Law Commission and the Second Administrative Reforms Commission have noted that state police officers often neglect investigation because they are understaffed and overburdened with various kinds of tasks. b. Further, they lack the training and the expertise required to conduct professional investigations. ¢. They also have insufficient legal knowledge and the forensic and cyber infrastructure available to them is both inadequate and outdated d. This leads to poor conviction rate: As per data maintained by National Crime Record Bureau, the conviction rate of States/UTs relating to cognizable crime under Indian Penal Code (IPC) and Special & Local Laws (SLL) crimes during 2018, 2019 and 2020 is 66.6, 66.4 and 73.4 respectively. [PRenroll: hetpsi/targetupsc.in/courses _| [J] Contact: 88301155246. 2 9%. TARGET UPSC Forensic labs: Expert bodies have however said that these laboratories are short of funds and qualified staff. Further, there is indiscriminate referencing of cases to these labs resulting in high pendency. Lack of co-ordination between centre and states is matter related to maintenance of law & order results in ineffective functioning of police force. Untrained: Police force is not in the position to tackle present problems of cybercrime, global terrorism, Naxalism because of structural weaknesses Prevalence of Rank system within the police force results in abuse of power by top level executive over lower level personnel. Reforms needed 1 2 3. | ER enroll: https://targetupse.in/courses Directions of the Supreme Court in Prakash Singh vs Union of India a. Fixing the tenure and selection of the DGP to avoid situations where officers about to retire in a few months are given the post. b. In order to ensure no political interference, a minimum tenure was sought for the Inspector General of Police so that they are not transferred mid-term by politicians. ¢. Postings of officers should be done by Police Establishment Boards (PEB) comprising police officers and senior bureaucrats to insulate powers of postings and transfers from political leaders. d, Set up State Police Complaints Authority (SPCA) to give a platform where common people aggrieved by police action could approach. e. Separate investigation and law and order functions to better improve policing, f. Set up of State Security Commissions (SSC) that would have members from civil society g. Forma National Security Commission Independent Complaints Authority: a. The Second Administrative Reforms Commission and the Supreme Court have observed that there is a need to have an independent complaints authority to inquire into cases of police misconduct b, Example is that of the New York City Police which has a Civilian Complaint Review Board comprising of civilians appointed by local government bodies and the police commissioner to investigate into cases of police misconduct. Investigation: Experts have recommended that states must have their own specialized investigation units within the police force that are responsible for crime investigation. Gi contact: 8830115524TARGET UPSC 4, Padmanabhaiah commission: It has also been recommended that constables, and the police force in general, should receive greater training in soft skills given they need to deal with the public regularly. 5. Housing: Importance of providing housing to the constabulary (and generally to the police force) to improve their efficiency and incentive to accept remote postings has also been emphasised by expert bodies, such as the National Police Commission. 6. Community policing: a. Janamaithri Suraksha in Kerala: This project is an initiative of the Kerala Police to facilitate greater accessibility, close interaction and better understanding between the police and local communities. b. Mei Torch-bearers) in Assam: The women of the Manipuri Basti in Guwahati help with improving the law and order problem in their area, by tackling drug abuse among the youth. 7. Courts: The Madras High Court has said that the state government should contemplate giving policemen a day off in a week like other government officials in order to spend time with their families. The court suggested introducing an 8-hour, three-shift system for police personnel. It will help them rejuvenate themselves and relieve them from stress. 8. Evidence based policing is gaining credibility day by day- Indian police force must be exposed to it. 9. Second ARC recommended that the government should declare certain crimes as “federal” and entrust their investigation to a Central agency. 10. Police need to have the operational freedom to carry out th responsibilities professionally, and satisfactory working conditions, while being held accountable for poor performance or misuse of power 11. Gender Parity in Police force: The 2nd Administrative Reform Commission recommended that the representation of women in police at all levels should be increased through affirmative action so that they constitute about 33% of the police. 12. Improvement in Intelligence gathering: The intelligence gathering machinery in the field needs to be strengthened and at the same time, made more accountable. Human intelligence should be combined with information derived from diverse sources with the focus on increased use of technology. Conclusion The police force needs to be freed from the stranglehold of the executive and given functional autonomy to enforce the rule of law. Police should be a SMART Police -a police which should be strict and sensitive, modern and mobile, alert and accountable, reliable and responsible, tech-savvy and trained. | ER enroll: https://targetupse.in/courses G contact: 8230115524TARGET UPSC Discuss the Collegium System of Judges and do you agree that the said system need reforms? Comment Introduction The judges of the Supreme Court and High Court in India are appointed by President as per article 124(2) and 217 of the constitution. In such appointment, the President is required to hold consultation with such of the Judges of the Supreme Court and of the High Courts in the States as he may deem necessary for the purpose. Collegium System 1. The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court’ 2. The collegium of judges is the Supreme Court's invention. It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation. 3. In effect, itis a system under which judges are appointed by an institution comprising judges Evolution of Collegium system 1. After some judges were superseded in the appointment of the Chief Justice of India in the 1970s, and attempts made subsequently to affect a mass transfer of High Court judges across the country, there was a perception that the independence of the judiciary was under threat. 2. The ‘First Judges Case’ (1981) ruled that the “consultation” with the CJl in the matter of appointments must be full and effective 3. The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”. It added that it was not the Cll’s individual opinion, but an institutional opinion formed in consultation with the two senior most judges in the Supreme Court. 4. Ona Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the collegium to a five-member body, comprising the CJl and four of his senior most colleagues. 5. The recommendations of the Collegium are binding on the Central Government, if the Collegium sends the names of the judges/lawyers to the government for the second time. [PRenroll: hetpsi/targetupsc.in/courses _| [J] Contact: 8830115524TARGET UPSC Procedure followed by the collegium 1. The President of India appoints the Cil and the other SC judges. As far as the Gilis concerned, the outgoing Cil recommends his successor. 2. For other judges of the top court, the proposal jated by the Ci. The Cl consults the rest of the collegium members, as well as the senior mostjudge of the court hailing from the High Court to which the recommended person belongs. 3. The Chief Justice of High Courts is appointed as per the policy of having Chief Justices from outside the respective States. The collegium takes the call on the elevation. High Court judges are recommended by a collegium comprising the Cll and two senior most judges. Issues in Collegium System 1. Credibility of the SC: Controversial collegium system of judicial appointments undermines the independence of judges and raises doubts about the credibility of the highest court. a. Example: The controversy over the proposed elevation of Justice P.D. Dinakaran of the Karnataka High Court to the Supreme Court by the collegium of the Chief Justice and four senior-most judges of the Supreme Court was criticized for overlooking apparently suitable judges by the collegiums 2. Nepotism: There have been cases where the nearest relative of Supreme Court judges has been appointed as a high court judge, ignoring merit. a. During the regime of Chief Justice Ranjan Gogoi, judges far lower in the combined All India Seniority of High Court judges were appointed to SC, and the reason assigned was that those selected were found more meritorious. 3, Supreme court is overburdened: The Supreme Court did not realize the burden it was imposing on the collegium of selecting judges for the Supreme Court and High Courts and transferring them from one High Court to another. a. An administrative task of this magnitude must necessarily detract the judges of the collegium from their principal judicial work of hearing and deciding cases 4. Lack of Transparency: The lack of a written manual for functioning, the absence of selection criteria, the arbitrary reversal of decisions already taken, the selective publication of records of meetings prove the opaqueness of the collegium system. a. The system often overlooks several talented junior judges and advocates. [PRenroll: hetpsi/targetupsc.in/courses _| [J] Contact: 8830115524TARGET UPSC NJAC, A Missed Opportunity: The National Judicial Appointments Commission (NJAC) could guarantee the independence of the system from inappropriate politicization, strengthen the quality of appointments and rebuild public confidence in the system. a. The decision was struck down by the SC in 2015 on the ground that it posed a threat to the independence of the judiciary. Lack of Consensus among Members: The collegium members often face the issue of mutual consent regarding appointment of judges. a. For instance, recently retired Cl Sharad A. Bobde was perhaps the first chief justice to have not made even a single recommendation for appointment as SC judge due to lack of consensus among the collegium members Unequal Representation: The other area of concern is the composition of the higher judiciary. While data regarding caste is not available, women are fairly underrepresented in the higher judiciary. Delay in Judicial Appointments: The process of judicial appointment is delayed due to delay in recommendations by the collegium for the higher judiciary. Reforms needed in the collegium system 1 Transparent Procedure of Appointment: The need of the hour is to revisit the existing system through a transparent and participatory procedure, preferably by an independent broad-based constitutional body guaranteeing judicial primacy but not judicial exclusivity. a. This adds accountability that is much needed to resolve the deadlock. The new system should ensure independence, reflect diversity, demonstrate professional competence and integrity. Objective Selection Process: The system needs to establish a body which is independent and objective in the selection process a. In several countries of the Commonwealth, National Judicial Appointment Commissions have been established to select judges. Setting up a constitutional body accommodating the federal concept of diversity and independence of judiciary for appointment of judges to the higher judiciary can also be thought of as an alternate measure. There should be a fixed time limit for approval of recommendations. Involvement of President: As of now, instead of selecting the number of judges required against a certain number of vacancies, the collegium must provide a panel of possible names to the President for appointment in order of preference and other valid criteria [PRenroll: hetpsi/targetupsc.in/courses _| [J] Contact: 8830115524TARGET UPSC 7. New memorandum of procedure: After the Second and Third Judges Cases, a Memorandum of Procedure had been formulated to govern how the process of how the Collegium would make recommendations to the Executive. a. The government therefore suggested that a new MOP be drafted and finalized for appointment of SC judges and the Executive to get a veto over candidates for national security reasons in this new MOP. Conclusion: Faced with intense public scrutiny and government pressure, the judiciary’s institutional weaknesses are being laid bare. These are not simply the moral failings of one individual or the consequences of the misjudgment of a few. Itis another illustration of the institution’s inability to accept its internal infirmities. | ER enroll: https://targetupse.in/courses G contact: 8230115524