Lok Sabha Question No. 2732 (UNSTARRED), answered on 2016-08-02
Subject: Police Reforms
Ministry: HOME AFFAIRS
Asked by: KONDA VISHWESHWAR REDDY

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2732

TO BE ANSWERED ON THE 2 ND  AUGUST, 2016/SHRAVANA 11, 1938 (SAKA)

## POLICE REFORMS

2732. SHRI KONDA VISHWESHWAR REDDY:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  the  Union  Government  has  taken  adequate  measures  to ensure the compliance of police commissions reforms as directed by the Supreme Court in Prakash Singh & Ors vs. Union of India & Ors judgement and if so, the details thereof;

(b) whether the Government has fully complied with the seventh directive regarding setting up of a National Security Commission and implementation of the model police reform measures; and

(c) if so, the details thereof and if not, the reasons therefor?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a): The  Hon'ble  supreme  Court  pronounced  seven  directives  on 22 nd  September, 2006 in Writ Petition (Civil) No. 310 of 1996 filed by Prakash  Singh  &  Ors.  Vs  Union  of  India  &  Ors.  Out  of  seven directives, the first six were meant for the State Governments/Union Territories  (UTs)  while  the  seventh  directive  related  solely  to  the Central Government. A copy of the above judgment was sent to all

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## LS USQ No. 2732 for 02.08.2016

State  Governments/Union  Territories  on  26 th   September,  2006  for information  and  further  necessary  action.  The  Hon'ble  Supreme Court  is  monitoring  the  implementation  of  its  judgment  dated 22.09.2006.

(b) & (c): As annexed.

## Annexure for LSUQ No. 2732 for 02.08.2016

- (b)  &  c):  Compliance  of  7 th   directive  of  Hon'ble  Supreme  Court Judgement dated 22.9.2006.

As  regards  the  directions  pertaining  to  National  Security Commission, the Union Government set up a Committee on National Security and Central Police Personnel Welfare, vide Office Memorandum dated 02.01.2007. The composition of the Committee is as under:-

| (i)   | Union Home Minister           | Chairman   |
|-------|-------------------------------|------------|
| (ii)  | National Security Adviser     | Member     |
| (iii) | Cabinet Secretary             | Member     |
| (iv)  | Union Home Secretary          | Member     |
| (v)   | Director, Intelligence Bureau | Member     |

2. The functions of this Committee are to :
2. (i) prepare  a  panel  of  police  officers  in  the  scale  of  Director General of Police for appointment as Chiefs of the Central Para Military Forces for consideration of the appointing authority;
3. (ii) to  review  issues  pertaining  to  the  service  conditions  of  the Central police personnel and to make appropriate recommendations thereon and
4. (iii) to  review  and  make  recommendation  on  any  other  matter relevant or incidental to the above, referred to by the Government of India. The composition of the said Committee was  changed  by  addition of more  members  vide  Office Memorandum dated 25.01.2007 and 13.07.2010.
3. The Supreme  Court after noting the compliance of the direction  by  Central  Government,  extended  the  time  to  file  the affidavits by 10.04.2007 vide its order dated 11.1.2007.
4. Thereafter, an application was filed by Union Government on 12.02.2007, stating difficulties in the implementation of the direction, for modifications/ clarifications in respect of setting up a National  Security  Commission.    Broadly,  the  reasons  which  were mentioned in the said Application were:-
7. (i) Nomenclature of the National Security Commission requires a change as the name does not connote its functions appropriately;
8. (ii) The  direction  relating  to  making  the  heads  of  the  CPMFs  as members  in  any  such  Committee  requires  modification  as many issues are not common to all the seven CPMFs;
9. (iii) To include the serving heads of CPMFs as members would also not be desirable as the Committee would make panels for the appointment of CPMF chiefs and these officers would themselves  be  in  the  zone  of  consideration  for  a  particular post for which a particular panel  is to be made due to limited number of officers available at that level;
10. In  the  Committee  set  up  by  MHA  on  2.1.2007,  the  members (with the Union Home Minister as Chairman) were the National Security  Adviser,  Cabinet  Secretary,  Home  Secretary  and Director,  Intelligence  Bureau.  Subsequent  to  Hon'ble  Court's order  dated  11.1.2007,  the  Committee  has  been  enlarged  to include a retired Director General of CPMF and a retired Chief
11. (iv) Justice of a High Court;
12. (v) As regards the functions of the Commission as directed by the Hon'ble Court, other than preparation of panels for appointment  of  Heads  of  the  CPOs,  adequate  mechanisms already  exist  to  monitor,  coordinate  and  properly  utilize  the CPMFs;
13. (vi)    For Director General level appointment in the Central Government, there is an empanelment process where, based on the service records of the officers, a panel is prepared and appointments are made with the approval of the Appointments Committee  of  the  Cabinet,  headed  by  the  Prime  Minister.

However,  only those of the empanelled  officers can be considered  for  appointment,  in  the  Central  Government  who are 'on offer' for such deputation from the State Governments, as  IPS  officers,  being  members  of  an  All  India  Service,  are 'borne' on the State/UT cadres.