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Police reforms committee set up, Centre tells court

Legal Correspondent

Copy of Model Police Law sent to States for consideration


  • Legislation on Police Act, applicable to Union Territories, to be introduced
  • Directions contravene allocation of powers, Gujarat tells court

    New Delhi : The Government has informed the Supreme Court that on January 2 it constituted a Committee on National Security and Central Police Personnel Welfare, headed by Home Minister, in tune with its commitments to bring about police reforms.

    In an affidavit, the Centre said the committee would have as its members the National Security Advisor, the Cabinet Secretary, the Home Secretary and the Director of Intelligence Bureau.

    The committee would set up panels on appointment of chiefs of paramilitary forces, review issues pertaining to the service conditions of the personnel and make appropriate recommendations.

    The apex court, on September 22, 2006, gave directions to the Centre and States on police reforms and sought a compliance report by January 3.

    Affidavits by States

    Accordingly, most of the States filed affidavits, either seeking further time or seeking modifications of the directives. The matter comes up for further hearing next week.

    The Centre said that it was its endeavour to give reasonably long tenure for paramilitary forces' chiefs and the practice of stable tenure of two years would be adhered to in future.

    The Government was considering institutionalising the minimum tenure by incorporating basic provisions in the relevant rules duly protecting its interests in terms of security concerns and administrative exigencies.

    Explaining the steps taken by it, pursuant to the court directives, the Centre said a copy of the Model Police Law, drafted by the Soli Sorabjee Committee, was sent to all States for consideration.

    Legislation on a Police Act, applicable to Union Territories, would be introduced.

    The Union Home Secretary convened a meeting with State Chief Secretaries and DGPs to discuss police reforms and related issues on November 14, 2006, and with the Chief Ministers on December 30, 2006.

    The States were told to enact legislation expeditiously, as police was a State subject.

    In its response, Gujarat said: "the directions are in direct contravention of Constitutional scheme of allocation of powers as enshrined in the Constitution. The Constitution has specifically allocated `public order' and `police' to States. The directions, therefore, impinge on the federal and basic structure of the Constitution."

    It, therefore, wanted the court to reconsider the said directions.

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