Yogi Adityanath government and DGP controversy (Supreme Court, Prakash Singh decision)
For the last two months, we have continuously seen that there is a political and judicial tug-of-war in more than half a dozen states over the appointment and functioning of the highest-ranking officer in the police department – the DGP. You will find examples of the tradition of abandoning the old DGP as soon as the government changes, stories of arbitrary new appointments and the controversial role of this most important post of the police department in states with elections, from east to west and from north to south.
Just two weeks ago, the Election Commission removed Jharkhand DGP Anurag Gupta right after the elections were announced. The reason is said to be his controversial history. Thus, the Commission transferred Maharashtra DGP Rashmi Shukla yesterday. Opposition parties expressed objections to Rashmi Shukla’s working style. What is interesting is that when the news of Rashmi Shukla’s departure came yesterday, the Yogi Adityanath government was drafting new rules for selecting DGPs in Uttar Pradesh.
Has the Centre’s role in selection been limited?
As per the new rules approved by the Uttar Pradesh Cabinet yesterday on the selection and appointment of the state DGP, the Uttar Pradesh DGP will now be appointed by a committee to be headed by a retired High Court judge. Apart from them, the committee will have the Chief Secretary of the State, a nominated member of UPSC, a head or nominated member of the Uttar Pradesh Union Public Service Commission, an Additional Chief Secretary or a Chief Secretary of the Home Department and a retired DGP.
This committee will elect a permanent DGP. Whose mandate will be for 2 years. For the selection of the DGP, the committee will consider the names of those officials who have at least 6 months remaining in their mandate. These 6 months will be calculated from the day of the vacancy. One more thing, if the need arises to eliminate the DGP, then the decision will be taken in accordance with the guidelines set by the Supreme Court in this regard.
The question is how DGP was selected earlier. In fact, for DGP selection, till now the government used to send to UPSC the names of those senior officers who have spent 30 years in the police department and whose tenure is still at least 6 months. After brainstorming these names of officials, UPSC – Union Public Service Commission used to send three names to the state government. One of them became DGP. But now all this will happen only in Lucknow. The UPSC which used to approve the last three names has now completed the names in the new committee.
Delhi vs Lucknow? Government-Opposition face to face!
Akhilesh Yadav, the face of the opposition in Uttar Pradesh politics, has researched this new yogi system of governance and called it Delhi versus Lucknow. Akhilesh wrote in a social media post: I have heard that a new agreement has been reached for a senior officer to be given a permanent post… The question is whether the person who is making this new agreement will stay for two years. Is this an attempt to take the reins instead of Delhi itself? Delhi vs Lucknow 2.0
While the Yogi government’s stand is that they have adopted the new rules keeping in mind the Supreme Court decision of September 22, 2006. Then, the Supreme Court had said that the state governments should enact a new police law to make the system The police can function free of any type of pressure, so that the rights of citizens can be protected and the rule of law can be established. The purpose of the new norms of the state government is to select the DGP under a fair and transparent system.
Prakash Singh – What is happening with what the Supreme Court said 18 years ago?
The Supreme Court’s decision is being cited by the Yogi government of Uttar Pradesh today. She tells him to his face that she came only in 2006. Is the government really honest in implementing that decision?
Actually, a person named Prakash Singh was a senior officer of the Indian Police Service for a long time. Apart from Uttar Pradesh Police, he was also the DGP of Assam Police. After his retirement, a petition was filed before the Supreme Court in 1996. In this petition, there was a demand for reform in the police department.
In September 2006, the Supreme Court issued a landmark decision on this issue. In this decision, the country’s Supreme Court asked all state and union territory governments to implement reforms in the police department. In this decision, some guidelines were given so that the police could work without political pressure.
Among the 7 important guidelines, the most important one was related to the appointment, selection and fixing of the mandate of the DGP. 18 years ago, the court had made it clear that in place of officers who are on the verge of retirement, such an officer should be appointed as DGP, who has a tenure of 2 years so that no politician can transfer him whenever he wants and the police. The department cannot transfer it. Stability must be achieved.
But did this happen? You will find many states and their examples where the Supreme Court decision was ignored. A petition is also being processed before the Supreme Court in this regard.
This is the case of the appointment of temporary DGPs in more than half a dozen states. The interesting thing is that the Uttar Pradesh government itself is right about this. The petition said that many states like Uttar Pradesh, Andhra Pradesh, Jharkhand, Telangana, Punjab, Bihar, Rajasthan and West Bengal are establishing a new custom of appointing a temporary DGP.
If we talk about Uttar Pradesh, four temporary DGPs have been conducted in the last two years. First: Devendra Singh Chauhan was appointed DGP from May 2022 to March 2023. After this, Rajkumara Vishwakarma remained as UP DG for just two months between April and May 2023. After him came the IPS officer , Vijay Kumar. Kumar was DGP from June 2023 to January 2024. After him, Prashant Kumar is DGP from February 2024.
There is also a controversy regarding Prashant Kumar that when he was appointed, despite being 19th in the list of top officials, he was made DGP of the state. The question is whether the new committee of the Yogi government is really in agreement with the 2006 decision. Time will tell whether the controversy over the temporary appointment of Prashant Kumar and other DGPs will end with the new committee or escalate further.
