Selecting The Police Chief

- Ajay K Mehra

On July 3, 2018, a three-judge bench of the Supreme Court of India headed by Chief Justice of India Dipak Misra, along with Justice A M Khanwilkar and Justice D Y Chandrachud, passed an order on a Writ Petition(s) (Civil) No(s). 310/1996 [Prakash Singh and Others vs. Union of India], laying down procedure for the selection and appointment of Directors General of Police by state governments.

Modifying the judgement given on September 22, 2006, that became the basis of the discourse as well as a number of committees to make further recommendations on police reforms in India in the new millennium, the apex court gave seven directions:

a) All the States shall send their proposals in anticipation of the vacancies to the Union Public Service Commission (UPSC), well in time, at least three months prior to the date of retirement of the incumbent on the post of Director General of Police;

b) The UPSC shall prepare the panel as per the directions of this Court in the judgement in Prakash Singh’s case and intimate to the States;

c) The State shall immediately appoint one of the persons from the panel prepared by the Union Public Service Commission;

d) None of the States shall ever conceive of the idea of appointing any person on the post of Director General (DG) of Police on acting basis for there is no concept of acting Director General of Police as per the decision in Prakash Singh’s case.