The Commonwealth Human Rights Initiative(CHRI), in its second and latest national-level report on the functioning of the State Security Commissions(SSCs) and police oversight mechanisms, has lamented that despite various monitoring and compliance efforts by the Supreme Court, the level of complaince of the Supreme Court directive over SSCs continues to be abysmally low.
Based on the information obtained by CHRI, SSCs have been constituted on paper in 26 States and three Union Territories to date. None complies with the Supreme Court’s directive. The apex court had envisaged an independent body with significant autonomy and mandate to chart out policies for a more efficient police organisation, says the CHRI report.
The report has examined the SSCs, flaws in their composition, mandate, powers and functioning, and suggests recommendations that will be essential to revive the failing mechanisms.
It has pointed out that yet, the balanced composition suggested by the Supreme Court has been shunned and need for accountability to legislature and binding powers ignored.
Some States have substantially weakened their Commission mandates.
Though 26 States have established SSCs on paper, only 14 have Commissions that are actually functioning.
Poor procedure of Commission meetings and failure to ensure implementation of policies on ground continue to hamper many States.
Among a number of suggestions made by the CHRI to make these SSCs actually effective, it has stated that every Security Commission must include the Leader of Opposition and a member of the judiciary. It has also suggested that five independent members be included as recommended by the Model Police Act, 2006.
In 2006, the Supreme Court ordered the creation of SSCs to address the problems in its landmark Prakash Singh judgment. The Court envisaged the body as a buffer between the police and the politician.
In order to represent a wide constituency, the body is to include the highest political and police leadership. As a police oversight institution, it is meant to set policing policy and evaluate police performance.
