Role of Civil Services

Lateral Entry Advantages

Domain Expertise: Lateral Entry brings much-needed specialization in departments as experts can be drafted into their own fields of work. The current generation of bureaucrats do not undergo rigorous sectoral training or do not possess background for the work of their department

• Reduced Political Interference: Lateral entry candidates are less likely to be coerced to take a stand in favour of a political party as compared to bureaucrats who are well acquainted with systemic corruption and political nexus
• Opportunity to Human Resources: Provides an opportunity for recognized individuals to contribute to the country leveraging the government’s resources
• Increased Competition in Bureaucracyà Increased Efficiency
• Public Credibility: Enhances the public image and reputation of civil services as more recognized and academically proficient individuals are given an opportunity

Disadvantages

• Lack of Transparency in Appointment: The recruitment of candidates would not be on a clearly laid out merit yardstick thus leaving the door open for arbitrary appointments that reek of nepotism, favouritism and crony capitalism
• Difficulty in Adapting to the System: Experts may not be comfortable working in a bureaucratic environment and may not have the patience or the skill to deal with elements in the bureaucratic system
• Demoralization of the bureaucratic cadre
• Lack of Approachability: While generalists are largely identified as part of the citizenry, those laterally entering into civil services may not be as approachable or as people friendly as the generalists
• Low Interdisciplinary

POLICE REFORMS

Police figures in exclusive state list under 7th schedule of the constitution.

Administrative Challenges

• Political Interference: Police institutions lack functional responsibility and are unable to function autonomously in lieu of political pressure. Hence their functioning according to rule of law in a transparent and accountable manner is hampered.
• Corruption: A Delhi police survey found 34% of police force to be corrupt hinting at lack of transparency and a people-centred approach in their functioning
• Human Resource Deficiency: According to the National Crime Records Bureau, the national police force is experiencing a shortage of half a million police officers
• Human Rights Violations: 35,831 cases were registered with NHRC the past year, evidence of the human rights violations perpetrated in detention and otherwise by police
• Lack of transparency and fairness in internal management systems: Police officers are arbitrarily appointed and transferred without any organizational backing
• Lack of Sensitivity: There is a need for sensitization of police cases involving vulnerable sections of society: women and children who are victims of rape, sexual assault or violence

Logistical Challenges

• Lack of proper training
• Poor use of Technology:
• Inefficient methods of collecting and analyzing available intelligence data
• Use of outdated arms and equipment
• Long Work hours for the police

SC’s Directives in Prakash Singh case

1. Set up State security commission to

• Ensure state governments do not exercise unwarranted influence on police
• Lay down policy guidelines
• Evaluate the performance of state police

2. Establish Police Establishments Board (PEB) to deal with postings, transfers, promotions and other service-related matters
3. Security of Tenure for DGP: Ensure DGP is appointed through merit-based transparent process and is guaranteed a minimum tenure of 2 years (T.P.Senkumar Case)
4. Ensure police officers appointed on operational duties are also provided security of tenure of 2 years
5. Separate investigation and law and order functions of police (Kevin Case)
6. Redressal Mechanism: Establish police complaint authority (PCA) to inquire into complaints against police officers above the rank of DYSP in cases of serious misconduct including custodial death, grievous hurt, rape etc.
7. Establish National Security Commission at Union level to prepare a panel for selection and placement of Central Police Organizations for a minimum tenure of 2 years

Read Also  Constitutional Amendment Bills

Way Forward

• States should implement SC’s directives in 2006 Prakash Singh case immediately and establish a state security commission to check the influence of political executive in the functioning of state police. This would ensure that the police system in states function autonomously in a transparent and accountable manner to establish the rule of law
• As states have been unwilling to implement reforms via legislation, the Union should consider moving police subject to concurrent list and itself initiate reforms
• Human Resource Appointment: The HR deficiency needs to be addressed and appointments should be made in as transparent a manner as possible
• Enhance Approachability: Police should adopt a sensitive people-centred approach and digitization of complaints can ensure better accountability on police actions. It can limit avenues for corruption and ensure citizens grievances are resolved timely. A separate body can be established to look into corruption charges of police officers.
• Digital Police Portal – A platform for citizens to file online crime related complaints and also request for antecedent verification
• Modernization of police forces enabling infrastructure assistance for transport, logistics, communication and forensic support can strengthen law and order apparatus and enhance the capability to combat terrorism
• The recent scheme of MPF is a step in the right direction
• Set up a Redressal Mechanism: Police complaints authority should be established to deal with HR violations and ensure accountability of police actions

MODERNIZATION OF POLICE FORCES (MPF)

• MPF scheme aims at modernizing police forces to strengthen law and order apparatus in states and enhance the capability to combat terrorism
• Use of technology: MPF includes provisions for improving women’s security, increasing police mobility and logistics, hiring of helicopters, enhancing communication by upgrading wireless, satellite communications, crime and criminal network tracking network and systems (CCNTS) and e-prisons
• Main idea – To assist states in enhancing infrastructure to improve transport, communication and forensic support to tackle emerging challenges
• Targeted allocation for J&K and left-wing extremism affected areas
• 75% fund allocation by Centre reverting to the old arrangement after it had indicated earlier that in lieu of an increased share of proceedings ( Finance commission called for 42% share of revenues to states) states should shoulder the burden of MPF

Crime and Criminal Network Tracking System

CCNTS aims to bring all police stations in India onto one digital network in a bid to increase intelligence sharing between various police forces of states. Increased intelligence sharing can enhance states’ compatibility to terrorism and left-wing extremism as extremists are concentrated in tri-junction of states and seek to exploit the lack of intelligence sharing between state police departments.

Prisons in India- Issues

• Overcrowding: As per NCRB data, 68% of prisoners are under trials owing to
  • Pendency of cases
  • Lack of concrete evidence
  • Abuse of preventive detention by police
  • Unnecessary Arrests
  • Absence of legal aid
• Human Resource Vacuum: Prisons are grossly understaffed to meet the diverse requirements of health, education, security and public works in prisons
• Infrastructure Shortage: Underfunding of India’s prisons lead to a shortage of nutrition, poor hygiene, sanitation, housing facilities, drinking water, electricity and other basic amenities for inmates
• Violence: In lieu of poor technology adoption and HR vacuum, there has been rampant violence in the corridors of jails with loss of lives and injury the adverse consequences
• Mental Health Problems: Isolated lives away from family and friends lead to huge psychological stress among criminals and this has led to higher suicide rates (28% as per NCRB) inside prisons as compared to outside

Reforms Required

• Fast Track Cases: Addressing vacancies in judicial and police institutions and adopting technology for expeditious disposal of cases and investigation methods can help accelerate the resolution of cases
• Avoid abuse of preventive detention and unwanted arrests
• Release of Under trials: Law Commission has recommended that undertrials be released if they have served a 3^rd of their sentence
• Open Prisons: The model of open prisons can be adopted to India’s criminal justice system that can alleviate mental stress and reduce the overcrowding in prisons
• Technology Adoption: Use of CCTV cameras and RFIDs can help in streamlining attendance and ensure monitoring of corridors to prevent law and order issues in India’s prisons
• Public Expenditure: Development of prison infrastructure requires public and private expenditure through CSR initiatives or PPP model where basic infrastructure and amenities can be upscaled