UPSC’s New Rule on Appointment of State DGPs

Syllabus: GS2/ Polity and Governance

Context

• The Union Public Service Commission (UPSC) has revised the rules for the empanelment of the State Director General of Police and Head of Police Force.

Key Changes in the Rule

• Prior approval of the Supreme Court required for delay: State governments must now obtain permission from the Supreme Court of India if there is any delay in sending the list of eligible DGP-rank officers to the Union Public Service Commission.
• Three-month advance submission rule: States must send proposals at least three months before the retirement of the incumbent DGP.
• No concept of “acting DGP”: The Court reiterated that States cannot appoint an acting DGP, as this concept does not exist under the guidelines laid down in the landmark Prakash Singh vs Union of India case.
• UPSC cannot condone excessive delays: There is no legal provision allowing UPSC to overlook major delays and proceed with empanelment. Delays may be considered only in exceptional situations such as:
  • Death of the incumbent DGP
  • Resignation
  • Premature relieving from office.

Rationale behind the changes in rules

• Several State governments were delaying the submission of proposals to the UPSC for empanelment of eligible IPS officers for the post of DGP, despite the timelines prescribed by the Supreme Court of India in the landmark Prakash Singh vs Union of India case.
• Some States were appointing acting Directors General of Police to temporarily fill the vacancy.
• Such delays and ad-hoc arrangements undermined the objective of ensuring transparent, merit-based and politically insulated appointments to the top police leadership in the States.

Governance Issues

• Police is a State subject under Entry 2 of the State List in the Seventh Schedule of the Constitution.
• However, the directions issued by the Supreme Court are binding under Articles 141 and 142, which require States to follow a uniform procedure for DGP appointments. 
• This creates a governance challenge as States sometimes perceive such judicially mandated procedures as limiting their discretion in managing their own police forces.

Way Ahead

• The Second Administrative Reforms Commission emphasized that police reforms are central to ensuring good governance, accountability, and the rule of law.
• While some States have initiated reforms, implementation remains uneven, highlighting the need for stronger institutional compliance with judicial directives.
• Ensuring timely DGP appointments, fixed tenure, and merit-based selection will be essential for strengthening professional and independent policing in India.

Source: TH