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Punjab assembly passes Punjab Police Amendment Bill, paves way for state to appoint DGP
Following the amendment which was passes by the Punjab assembly, the state government has decided to adopt a parallel mechanism to remove UPSC’s control over the appointment of DGP
Punjab assembly on Tuesday passed Punjab Police Amendment Bill, 2023, thus paving the way for the state to appoint director general of police (DGP).
Following the amendment, the state government has decided to put in place a parallel mechanism to circumvent the Union Public Service Commission (UPSC) procedure, laid down by the Supreme Court (SC).
As per the procedure, after vacancy of the DGP is announced, the state would send the names of all eligible officers to UPSC that would in turn appoint a three-member panel to pick the candidate for the top job.
However, the latest amendments brought in by the Bhagwant Mann-led Aam Aadmi Party (AAP) government says the panel of three officials would be constituted by a seven-member committee set to feature a retired chief justice or a retired judge from the Punjab and Haryana high court as its chairperson.
The chief secretary, a nominee of the UPSC, a nominee of Punjab Public Service Commission, administrative secretary of home department, a nominee of Union ministry of external affairs and a retired DGP of Punjab Police constitute the other six members.
The amendment also states that the committee shall prepare a panel of three senior officers from the pool of eligible names based on the selection criteria, which would include the length of service, work record and range of experience.
“Selection will be made on merit from a pool of eligible officers as per zone of consideration,” the bill states.
The DGP appointed following the amendments will have a minimum tenure of three years.
In case of vacancy for the post of DGP, the state government may give the additional charge to any officer of an equivalent rank.
Another important section of the bill states: “The provisions of this section (section 6) shall prevail notwithstanding anything contained in any judgement, order or decree of any court.”
The amendment says 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 states.
It adds that the Constitutional framework envisions a federal structure, wherein the states are exclusively empowered through its legislature to enact laws concerning public order and police.
“It is necessary to put in place a proper mechanism for selection/appointment and removal of DGP which takes into consideration the peculiar challenges faced by the states of Punjab by virtue of being a border state. In order to achieve this objective it is proposed to amend Section 6 of the Punjab Police Act, 2007,” the bill reads.
Notably, ever since the SC laid down procedures for appointment of the DGP through UPSC in its judgement in the case of “Parkash Singh and others vs Union of India”, the Punjab government had been crying hoarse over the issue, citing that “law and order” was a state subject.
After the SC judgement in the Parkash Singh case, an amendment in this regard was also brought during the Captain Amarinder Singh-led government in which Section-6 of Punjab Police Act was amended. This amendment said the state government shall select the DGP from a panel of at least six eligible officers provided that such a panel shall be prepared by a committee comprising chief secretary, principal secretary home and outgoing DGP or an expert in internal security matters as may be set up by the state government.
After these amendments, the Punjab government had even moved to the apex court with a plea to amend its earlier judgement and allow the state to appoint a DGP through amended procedure, however, the court on January 16, 2019, dismissed the plea.
The amendment bill came in the backdrop of the Bhagwant Mann-led government has been lagging in recommending a panel of officers to the UPSC for the DGP’s post, resulting in the state continuing with Gaurav Yadav as the acting DGP for 11 months now.
Yadav had replaced Viresh Kumar Bhawra, who was appointed the DGP according to the UPSC procedure during the Charanjit Singh Channi-led Congress government. Bhawra served on the post for merely six months.
