POLICE REFORMS IN INDIA

By: Khushi Goyal

Roll No. 22LLM026

Abstract:
The ultimate aim of Government of India is to bring police reforms almost since
independence but even after more than 50 years, the police is seen as selectively
efficient, unsympathetic to the under privileged. There are certain allegations of
politicization and criminalization1. We should keep in mind that the basic framework
for policing system was made way back in 1861, where little changes have been made
thereafter, even after dramatic changes in society. Police in modern days not only
does the task of prevention of crimes and detection of criminals but also other welfare
works like helping in the observance of traffic rules, control of crowds in public
meetings and fairs, help the fire brigade and flood rescue parties, and help public in
settling the minor disputes We need such a policing system which is at par with the
current requirements of society. In this write up, the author has dealt with an overview
regarding police reforms, challenges the Indian police system faces and measures that
are supposed to be followed to deal with them.

INTRODUCTION
The police are not only a segment in the civil administrative system but in a country
like India it performs a wide range of functions. There have been demands to make
them accountable only to the law and to ensure that they are politically neutral. On the
one hand they are accused of going into excesses, while on the other hand, they are
accused of doing too little.2
The idea of a separate regular police force as it exists today was never in consideration
prior to the British period and for a considerable time even after the commencement of
the rule. The police as an organised institution came into existence in India with the
Police Act of 1861. This Act was passed by the British in the wake of the Indian

1
Ministry of Home Affairs, “Criminalisation of Politics”, Vohra Committee Report (1993), available at
https://adrindia.org/sites/default/files/VOHRA%20COMMITTEE%20REPORT_0.pdf (last accessed on 26
April 2023).
2
K. ALEXANDER, POLICE REFORMS IN INDIA: AN ANALYTICAL STUDY, 1 (DISCOVERY PUBLISHING PVT. LTD.,
1993).
1
 Sepoy Mutiny of 1857, when the Indian soldiers in the colonial army revolted against
their British rulers. The formation of 'civil' police forces was intended to lessen what
by the 1850s had come to be seen as a dangerous reliance on the army for internal
policing.
First significant reform in police system was made in 1902 with the formation of 1902
Police Commission known as the 'Fraser Commission’.3
The subject “Police” fall within the real of State in the VII Schedule to the
Constitution of India and primarily, it is the duty of State government to implement
various Police Reforms measures.
The term police today are designated to the executive civil force of a state which is
entrusted the duty of maintaining public order and enforcing regulations for the
prevention and detention of crime. The current Indian Police system and structure is
fundamentally based on a century year old Police Act of 1861.

COMMITTES/COMMISSION ON POLICE REFORMS

Numerous recommendations have been made by different committees with respects to
police reforms. Notable among them are those made by the National Police
Commission (1978-82); the Padmanabhaiah Committee on restructuring of Police
(2000); and the Malimath Committee on reforms in Criminal Justice System (2002-
03). Yet another Committee, headed by Shri Ribero, was constituted in 1998, on the
directions of the Supreme Court of India, to review action taken by the Central
Government/State Governments/UT Administrations in this regard, and to suggest
ways and means for implementing the pending recommendations of the above
Commission.
In 2005, Ministry of Home Affairs had set up an Expert Committee to draft a new
Model Police Act in September, 2005 and the same have submitted on 30th October
2006.

PROBLEMS IN POLICING SYSTEM

 Police Accountability
Police has to deal with the cruel and hardened criminals, smugglers, murders and other
anti-social elements. Now a days, they are performing wider ranges of activities.
Government has empowered them with a wide discretionary power to meet with any
situation or contingency like the arrest without warrant, taking search of a house or
place, trapping and causing physical injury up to the extent of causing death on the
3
Fraser, Andrew H.L., “Indian Police Commission Report (1902-03)”, (Government Central Printing Office,
Simla, 1903), https://www.indianculture.gov.in/rarebooks/report-indian-police-commission-1902-03 (last
accessed on 26 April 2023).
2
 band of robbers. And police are exercising those powers with ill feeling on to fulfil
their own interest. Such tendency creates dissatisfaction, hatred and fear in the mind of
people against police as a whole.
The case of “Rudul Sah vs State of Bihar”4, in which the Supreme Court’s three-
judge bench exercised writ jurisdiction and issued an order to indemnify for violations
of Articles 21 and 22 of the Indian Constitution, can be considered a precedent. 
The Supreme Court in “Sebastian Hongray vs. Union of India”5, awarded justice for
the torture, agony, and violence of two ladies whose husbands had gone missing when
they were being carried by military officers in Manipur to an army base, and because
the detaining authority had failed to produce missing persons.
 Inadequate Resources
The police forces face a severe lack of resources when seen in the light of the
enormous and varied responsibilities they undertake. The Comptroller and Auditor
General’s audits have reported a shortage of weapons with several state police forces. 6
The situation is worse in Rajasthan and West Bengal where they have shortage of
weapons ranging more than 70%. Police vehicles are also in short supply. 7 Almost 240
police stations do not have vehicle access across 22 States. The infrastructure has also
to be modernised to help the police personnel solve crimes faster, among other things.
 Overburdened police force
Police forces in India (both central and state) are short-staffed. As of January 2016, the
state forces had 24% vacancies (5.5 lakh) and the central forces had 7% vacancies.
India has 137 police personnel per lakh of the population while the sanctioned strength
is 181. A high percentage of vacancies within the police forces exacerbates an existing
problem of overburdened police personnel.
 Constabulary related issues
The constables constitute 86% of the police forces. A police constable’s duties are not
just routine tasks, but involve some amount of judgement and decision making.
However, the current system of recruitment is not enough to hire people capable of the
tasks prescribed. There have been suggestions that the current eligibility criteria (of X
or XII pass) be modified to suit the requirements. The Padmanabhaiah Committee

4
(1983) 4SCC 141.
5
1984 AIR  571.   
6
Comptroller & Auditor General, Compendium on Performance Audit Reviews on Modernisation of Police
Force, Performance Audit of Modernisation and Strengthening of Police Forces, Government of Uttar
Pradesh Report No.3 (2017), available at https://cag.gov.in/en/audit-report/details/31773 (last accessed on 26
April 2023).
7
Compliance Audit Report of the Comptroller and Auditor General of India Government of Rajasthan Report
No.2 of 2021 March 2020”, available at https://cag.gov.in/ag2/rajasthan/en/audit-report/details/114354 (last
accessed on 26 April 2023).
3
 and the Second Administrative Reforms Commission have noted that the entry level
qualifications (i.e., completion of class 10th or 12th in many states) and training of
constables do not qualify them for their role. 8 Also, a police constable is generally
promoted only once in his career and mostly retire as head constable. This could result
in a lack of motivation on the job.
 Crime Investigation
Crime investigation requires skills and training, time and resources, and adequate
forensic capabilities and infrastructure. However, the Law Commission and the
Second Administrative Reforms Commission have noted that state police officers
often neglect this responsibility because they are understaffed and overburdened with
various kinds of tasks. Also, they do not have adequate training and expertise to
conduct professional investigations.9
 Police-Public Relations
Police personnel, in the course of performing their duties, have to come in contact with
the public. They also need the support of the public in the discharge of their duties like
solving crimes and maintaining law and order. There is a trust deficit among the public
when it comes to the police who are often seen as corrupt, inefficient and politically
partisan.10

DIRECTIONS OF THE SUPREME COURT IN PRAKASH SINGH V. UNION

OF INDIA11
In 1996, a petition was filed before the Supreme Court that raised various instances of
abuse of power by the police, and alleged that police personnel perform their duties in
a politically partisan manner. The Supreme Court has laid down guidelines for police
functioning, evaluate police performance, decide postings and transfers, and receive
complaints of police misconduct.
1. Constitute a Police Establishment Board in every state that will decide postings
transfers and promotions for officers below the rank of Deputy Superintendent of
Police, and make recommendations to the state government for officers of higher
ranks.

8
“Public Order”, Second Administrative Reforms Commission, 2007, Ministry of Personnel, Public
Grievances and Pensions, Report No. 5 (2017), 107, available at
https://darpg.gov.in/sites/default/files/public_order5.pdf (last accessed on 26 April 2023).
9
Law Commission of India, Expeditious Investigation and Trial of Criminal Cases Against Influential Public
Personalities, Report No. 239, (March 2012), available at
http://lawcommissionofindia.nic.in/reports/report239.pdf (last accessed on 19 April 2023).
10
Supra Note 8.
11
Prakash Singh v. Union of India, (2006) 8 SCC 1.
4
 2. Constitute a State Security Commission in every state that will lay down policy for
police functioning, evaluate police performance, and ensure that state governments
do not exercise unwarranted influence on the police.
3. Constitute Police Complaints Authorities12 at the state and district levels to inquire
into allegations of serious misconduct and abuse of power by police personnel.
4. Provide a minimum tenure of at least two years for the DGP and other key police
officers (e.g., officers in charge of a police station and district) within the state
forces and the Chiefs of the central forces to protect them against arbitrary transfers
and postings.
5. Ensure that the DGP of State police is appointed from amongst three senior-most
officers who have been empanelled for the promotion by the Union Public Service
Commission on the basis of length of service, good record and experience.
6. Separate the investigating police from the law-and-order police to ensure speedier
investigation, better expertise and improved rapport with the people.
7. Constitute a National Security Commission to shortlist the candidates for
appointment as Chiefs of the central armed police forces.
In Prakash Singh v. Union of India (2018), hon’ble Supreme Court has passed
certain directions to modify its directions which were part of its historic 2006 verdict
on police reforms. The apex court ruled that any rule or state law on the subject of the
appointment of police officers “will be kept at abeyance” and recommended to fixed
two-year tenure for DGPs.
“Therefore, Prakash Singh’s painstaking efforts have resulted in unintended harm to
the effectiveness of the police force. DGPs have been undermined and reduced to mere
signatories to the decisions of the establishment boards. Seniority, an important
empirical criterion in a uniformed and disciplined police force with a direct impact on
society, is totally irrelevant now”.13 

MEASURES OR WAY FORWARD

 Making the Indian police a SMART force is necessary in order to make them Strict
and Sensitive, Modern and Mobile, Alert and Accountable, Reliable and
responsive, Tech Savvy and Trained.
 Promoting Community Policing: It makes sense to strengthen relationships
between the police and the community by involving them in the investigation and
resolution of crimes and crimes-related problems.
12
See S. 159 & 173 of Model Police Act, 2006; supra note 11 at p. 4.
13
Yudhishtir, “Police Reform vis Prakash Singh Judgement: A boon or a bane?”, THE LEAFLET:
CONSTITUTION FIRST (MAY 25, 2021), https://theleaflet.in/police-reforms-via-prakash-singh-judgment-a-boon-
or-a-bane/ (last accessed on 19 April 2023).
5
 Each state shall set up an authority in accordance with the Model Police Act, 2006,
which is composed of former High Court judges, members of civil society, retired
police officers, and public administrators from other states.
 Improving Cyber-policing to Fight Cybercrime Innovative AI-enhanced
technologies and new digital investigation and data management capabilities are
essential as crime becomes more sophisticated, complicated, and international.

CONCLUSION
Recent events present an opportunity for a wake-up call and to review the actual
evidence on the ground. As a matter of policy outcomes, the Prakash Singh
(2006) judgment is far from laudatory since it leaves the door wide open for the
system to be easily gamed.