Punjab Assembly Passes Police Amendment Bill Empowering State Govt To Appoint DGP
State Assembly of Punjab on Tuesday passed the Punjab Police (Amendment) Bill, 2023, to amend the Punjab Police Act, 2007, with a view to bringing about an independent mechanism for the selection and appointment to the post of the Director General of Police (head of the Police Force).According to the State, the law is being amended to ensure that the selection, appointment and the resultant...
State Assembly of Punjab on Tuesday passed the Punjab Police (Amendment) Bill, 2023, to amend the Punjab Police Act, 2007, with a view to bringing about an independent mechanism for the selection and appointment to the post of the Director General of Police (head of the Police Force).
According to the State, the law is being amended to ensure that the selection, appointment and the resultant term of office of the DGP "is free from political or executive interference and is also in consonance with the peculiar conditions and policing requirements of the State of Punjab."
The Bill, if enacted, will change the current procedure laid down by the Supreme Court in the case of Prakash Singh & Ors vs Union Of India And Ors, 2006 wherein the Apex Court held that a DGP would be selected by the State from the three officers shortlisted by UPSC among the list of eligible officers sent by the State.
The Bill substitutes Section 6 of the Police Act and empowers the State government to constitute a seven member Empanelment Committee which will form a panel of three senior most officers, out of the pool of eligible Officers. The State government would appoint the Director General of Police amongst the panel of three Officers recommended by the Empanelment Committee.
Selection of three senior most Officers will be based on, “length of service, very good record and range of experience for heading the police force.”
“The provisions of this section shall prevail notwithstanding anything contained in any judgement, order or decree of any Court,” according to the bill.
According to the Bill, the State Government shall constitute an Empanelment Committee headed by retired Chief Justice or a retired Judge of the Punjab & Haryana as the Chairman and the following will be the members.
- Chief Secretary to the Government of Punjab
- Nominee of the Union Public Service Commission
- Chairman or Nominee of the Punjab Public Service Commission
- Administrative Secretary,Department of Home Affairs and Justice, Punjab( Member-cum-Convener)
- Nominee of Ministry of Home Affairs, Government of India
- Retired Director General of Police, who has served as the Head of Police Force in the State of Punjab.
The Director General of Police, so appointed, shall have a minimum tenure of two years, irrespective of his date of superannuation.
However, the State can relieve the DGP early in case of initiation of any action against him or her under the All India Services (Discipline and Appeal) Rules, 1969; conviction by a court of law in a criminal case; or in case of incapacitation by physical or mental illness or otherwise becoming unable to discharge his or her functions as the Director General of Police (Head of Police Force).
The Objects and Reasons of the Bill states that, “ ‘Public order' and 'police' appear in the 'State List' under the Seventh Schedule of the Constitution of India, 1950; and, are, thus, matters falling in the exclusive domain of the States.”
“The constitutional framework envisions a federal structure wherein the States are exclusively empowered, through its legislature, to enact laws concerning 'public order' and 'police',” the Bill reads.