The Home Ministry has summoned chief ministers on December 30 for discussions on the Supreme Court judgment which makes it binding on states and the Centre to enact a new law replacing the existing Police Act, 1861 before the year end.
The Centre and the states have also been asked to file “affidavits of compliance” in the apex court on or before January 3. At the meeting, the Home Ministry will make an assessment about the preparedness of the states to usher in the required amendments that seek to completely overhaul the police administration.
An official said so far only Kerala, Maharashtra and Rajasthan have given indications about the possibility of replacing the archaic act. “But these states have reservations on certain proposals, especially the fixed tenure of lower rung police officials. They feel operational efficiency would be compromised if this is implemented.”
The Supreme Court in its judgment last September made it mandatory for states to constitute a state security commission to mitigate “unwarranted influence or pressure” on the police, fixed tenures for the director general and lower officials up to Station House Officers (SHO), separation of investigation from law and order duties and forming a police establishment board and police complaints authority.
Police being a state subject, the Centre’s role in ushering reforms in the institution is limited barring one recommendation in the judgment that asked for the constitution of a National Security Commission for selecting chiefs of central police organisations and reviewing the effectiveness of the forces at regular intervals. Sources admitted the possibility that states might submit affidavits seeking more time for compliance to the judgment that has mainly six recommendations.
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