The legality of the Indian Police Service (IPS) Association has suddenly come under a cloud as the Ministry of Home Affairs (MHA) has informed the Central Information Commission (CIC) that it does not “recognise or approve” any police force association.
A September 26 order of the CIC mentions the MHA’s submission that it has “not recognised or approved any Police Force Association, th-us, no information regarding Indian Police Service Association is available with them”.
The RTI reply has stirred a debate in the police community as the IPS Association and other similar groups spearheaded the social media campaign against alleged atrocities on police personnel after the clash with lawyers at the Tis Hazari Courts on November 2. To correct the anomaly, the MHA will soon file an affidavit before the CIC where it is expected to submit that the restrictions on forming unions, as per the Police-Forces (Restriction of Rights) Act, 1966, does not apply to All India Services officers, including the IPS. Section 3 of Police Forces Act states that no member of the police force has the right to form any association without the express sanction of the Central Government.
RTI plea
The RTI plea was filed by Nutan Thakur in 2018, seeking details regarding IPS Association. “The Commission, after hearing the submissions of the respondents and perusing the records, observes that as per the respondent, since the MHA has not approved the constitution of a Police Force Association, the information sought for by the appellant is not available with the respondent. The Commission, therefore, directs the respondent to file an affidavit with the Commission deposing that MHA has not approved the constitution of a Police Force Association. Hence, no information can be provided to the appellant,” the CIC order said.
A senior officer said that IPS officers are not appointed under any statute mentioned in the Police-Forces Act. “We are appointed under the All India Services Act, 1951. IPS is a civil service, not a police force. Else, it would have been India Police Force. Besides, it only acts as a platform for meeting of minds and representing service issues. It’s on par with other service associations,” he said.
