The Supreme Court (SC) has expressed reservations regarding a proposal to involve the Chief Justice of the High Court (HC CJ) in the selection process for the Director General of Police (DGP) of a state. This suggestion arose during a hearing concerning the implementation of guidelines previously set by the SC for the selection and tenure of state police chiefs.
The case originates from a petition filed 19 years ago by Prakash Singh, former DGP of UP and Assam. Singh argued that the states were not upholding the SC's guidelines for DGP selection, which included involving the Union Public Service Commission (UPSC) and ensuring a fixed two-year tenure for the appointed DGPs.
As an amicus curiae, Senior Advocate Raju Ramachandran informed the bench, presided over by Chief Justice of India (CJI) Bhushan R Gavai along with Justices K Vinod Chandran and N V Anjaria, that numerous states have established DGP selection rules that deviate significantly from the procedure outlined in the 2006 SC judgment on police reforms, which was led by then-CJI Y K Sabharwal.
Singh proposed a change to the existing guidelines, suggesting that each state should form a panel consisting of the chief minister, the leader of the opposition, and the chief justice of the high court. This panel would then select the DGP from a pool of eligible senior IPS officers.
CJI Gavai questioned the extent to which the SC could overstep legislation enacted by states for DGP selection. He raised concerns about potentially breaching the constitutionally mandated separation of powers between the legislature, executive, and judiciary if the HC CJ were to be included in the selection process, which is typically an executive function.
The Supreme Court has in the past given directions regarding police reforms, including ordering states and Union Territories to refrain from appointing any police officer as an acting DGP. It has also directed states to send a list of senior police officers to the UPSC for consideration as potential candidates for DGP or Police Commissioner. The UPSC would then create a list of three suitable officers, from which the states could appoint one as police chief. The SC has also stated that any rules or state laws on police appointments would be kept in abeyance, though states could petition for modifications to this order.
In a separate instance, the SC rejected a plea from West Bengal that sought to appoint a DGP without consulting the UPSC, deeming it an "abuse of law". The court emphasized that the state's arguments mirrored previous contentions that the UPSC should not have a role in the appointment process.
