Chapter 10: Second Administrative Reforms Commission Part IV

  • Introduction

    1. Inextricable link between the public order and conflict resolution since non-resolution of conflicts manifests itself in public disorder.

    2. Public order is largely a product of efficient general administration, effective policing and a robust criminal justice system.

    3. Public order implies a harmonious state of society in which all events conform to the established law and is synonymous with peace, tranquility and the rule of law.

    4. In most liberal democracies only serious disturbances which affect the even tenor of life would constitute a breakdown of public order. In autocratic societies, however, even orderly and peaceful protests and demonstrations against the State are often treated as breaches of public order.

  • Causes of public disorder.

    1. Widely prevalent crime

    2. political polarisation

    3. divisive impulses based on ethnicity, religion, region, language and the sharing of natural resources

    4. criminalisation of politics

    5. indigenous and transnational criminal organisations

    6. homegrown armed groups like Naxalites

    7. foreign sponsored secessionist groups

  • Reasons to preserve public order.

    1. Peace and order are necessary pre-conditions for freedom of expression of individuals

    2. Violence and disorder necessarily undermine economic growth and development

    3. Urbanization, tends to promote impersonal lives, alienation, reducing peer pressure and social control

    4. State's constitutional commitment to equitable growth and justice

    5. Rapid economic growth may sometimes aggravate disparities between individuals, groups and regions

    6. Weak enforcement and failure of the criminal justice system create a culture of lawlessness

    7. Organised crime, militancy and terrorism have devastating consequences on the morale of the public

  • Police and internal security

    1. As police are the agency to enforce the will of the State, the capacity of the police agencies to respond to a potential or real challenge to public order - rapidly, efficiently and justly - is of paramount importance

    2. this power is exercised in a democratic society within the bounds of the constitution and the law.

    3. the manner in which the police functions is an index of society's respect for civil liberty and the rule of law

    4. Padmanabhaiah committee (2000)

      1. Meaningfully and effectively, the society and the country need a highly motivated, professionally skilled, infrastructurally self sufficient and sophisticatedly trained police force

      2. However just and efficient policing may be, security agencies alone cannot enforce the rule of law and maintain public order.

      3. An effective and impartial criminal justice system is a necessary precondition for order and harmony in society

  • Public Order

    1. Lack of good governance and poor implementation of laws are the major factors for public disorder.

    2. Public order implies the absence of disturbance, riot, revolt, unruliness and lawlessness.

    3. public order is universally recognised as the prime function of the State.

    4. the distinction between `established order' and `public order'.

    5. Established order may not always be as per the tenets of the rule of law.

    6. public order is strengthened by protecting the liberty and dignity of citizens and bringing about social change.

    7. ethics-public-order

    8. Thus every situation in which the security of the State is threatened is a public order problem.

    9. All situations which lead to public disorder, are necessarily law and order problems also.

    10. All law and order problems are not public order problems.

  • Two ways to look at State's role in Public Order

    1. The State should resist the temptation to over-legislate except in crucial areas which constitute the essence of constitutional values or prevent significant public loss or promote vital public good.

    2. Persuasion, public education and social movements are the desirable routes to social change in such cases

    3. If such laws do exist, effective enforcement on case-to-case basis through prosecution of offenders is the better route and not the thoughtless precipitation of a public confrontation.

  • Some Grave Public Order Problems

    1. Communal Riots

      1. Communalism in a broad sense implies blind allegiance to one's own communal group rather than to the larger society or to the nation as a whole.

      2. Ranganath Misra commission (Delhi riots, 1984), Justice b N Srikrishna commission (bombay riots 1992-93) and also the NHRC have gone into the causes of these riots

      3. At times, the law enforcement machinery has been accused of gross dereliction of duty. - The commission of Inquiry into the anti-Sikh riots in Delhi 1984, NHRC on the Gujarat riots in 2002

    2. Common issues

      1. Systemic Problems

      2. conflict resolution mechanisms are ineffective;

      3. Intelligence gathered is not accurate, timely and actionable and

      4. bad personnel policies -

      5. Administrative Shortcomings

      6. The administration and the police fail to anticipate and read indicators which precipitated violence earlier;

      7. The administration and police at times acted in a partisan manner

      8. At times there is failure of leadership

      9. Post-riot Management Deficiencies

      10. Rehabilitation is often neglected

      11. Officials are not held to account for their failures

    3. Terrorism

      1. Terrorism has been defined as the illegal use of force or violence against people to create a wave of terror with the intention of achieving certain political or sectarian objectives.

      2. To tackle the menace of terrorism, a multi-pronged approach is needed.

      3. Socio- economic development needs to be taken up on a priority basis

      4. the administration and the service delivery mechanisms need to be geared up so that the legitimate and long standing grievances.

      5. Strong measures are required to deal with criminal elements but with respect for human rights.

    4. Militancy in the North East

      1. Another intractable problem has been created by migration from bangladesh.

      2. The redrawing of national boundaries following Partition provided an impetus to migrants from East Pakistan.

      3. This migration has continued even after the emergence of bangladesh.

      4. The fear among the local populace that this immigrant population would reduce them to a minority has fueled militancy in the region.

      5. Several major initiatives for the development of the North East Region have been launched:

        1. The North Eastern council (NEC) was established in 1972 through an Act of Parliament,

        2. for securing the balanced development of the North Eastern Region and for inter-state coordination

        3. Ministry for the Development of North East Region deals with matters pertaining to the development of the eight states.

        4. All union Ministries/Departments earmark at least 10% of their budget for specic programme of development in the North Eastern Region

        5. The ethnicity, diversity, geography and history of the region demand a comprehensive nation building approach for resolving the complex issues

    5. Left-Wing Extremism

      1. Naxalites operate in the vacuum created by the inadequacy and ineffectiveness of the administrative machinery.

      2. Naxalites continue to hold Jan-Adalats, a mechanism to dispense crude and instant justice.

      3. The problems of poverty and alienation, the demand of territorial rights and displacement from traditional forest habitats have aggravated the problem.

      4. Besides, unequal sharing of benefits of exploitation of resources has also helped create a fertile breeding ground for the growth of this menace.

      5. It started as an ideological movt with `romantic sacrificialism', has now become militarised and criminalised.

      6. They are backed by a chain of `couriers' and sympathisers and some civil society organisations.

      7. Government has adopted a multi-pronged strategy

        1. Apart from countering violence, it is addressing the political issues involved,

        2. Attending to the development needs of the affected areas and managing public perception.

        3. Strengthening of intelligence structures, financial assistance to the affected states,

        4. Modernisation of the state police, long-term deployment of central Police Forces

        5. Improved coordination mechanism,

        6. Backward District Initiatives and backward Regions Grant Fund are some of the concrete measures taken by the Government of India.

    6. Causes of Public Order problems

      1. three broad categories of public violence can be discerned:

      2. violence of remonstrance, violence of confrontation, and violence of frustration

      3. Five broad causes of the types of violence

      4. Social, Economic, Administrative, Communal, Political.

    7. Lessons from the Past

      1. Some of the major strengths of the existing legal framework are

        1. a clearly laid down democratic, constitutional and legal framework,

        2. an independent judiciary and an elaborate criminal justice system and judicial review of executive action,

        3. representative institutions to debate issues of public importance,

        4. a vigilant media and

        5. emerging civil society responsiveness.

      2. The strong points of the administrative framework of the country:

        1. firmly established administrative traditions,

        2. a well-organised police machinery,

        3. systems of accountability, even if deficient and

        4. the existence of a professional bureaucracy

      3. legal and administrative framework has certain weaknesses:

        1. delays, unresponsiveness.

        2. lack of functional autonomy for law enforcement and investigation agencies;

        3. lack of adequate and effective accountability mechanisms;

        4. outdated and unprofessional interrogation and investigation techniques;

        5. inadequate training and infrastructure for police;

        6. lack of coordination between prosecution and investigation;

        7. insufficiency of laws dealing with terrorism and organised crime;

      4. Essentially there is a need for Rule of law, and it would entail:

        1. a legal framework, which is fair and just and provides equal opportunities

        2. an effective, fair and just civil administration

        3. an effective, efficient, accountable and well equipped police system

        4. a strong, autonomous and effective crime investigation machinery

        5. a civil society which is vigilant about its rights and duties

        6. an alert and responsible media.

  • The Existing Police System

  • The Police Organisation

    1. `Public order' and `Police' figure as Entry 1 and 2 respectively, in list II (State list) in the VII schedule of our constitution

    2. Article 355 of the constitution enjoins upon the union to protect every state against external aggression and internal disturbance

    3. The Police Act, 1861 is still the basic instrument governing the functioning of the Indian police.

    4. The Director General and Inspector General of Police) is the head of a state police.

    5. States are divided into districts and a Superintendent of Police heads the district police.

  • ethics-public-order

  • People's Perception of the Police

    1. Max Weber defined `State' as an organisation that has a monopoly on the legitimate use of physical force.

      1. The police are the instrument of physical force of the State.

      2. They have to bear the burden of failure of other instruments of governance as well.

    2. National Police commission (NPC)

      1. police-public relations were in a very unsatisfactory state due to police partiality, corruption, brutality and failure to register offences, etc.

      2. Many factors responsible for the present situation.

      3. Problems related to general administration and police

      4. organisation, infrastructure and environment;

      5. organisational behaviour;

      6. stress due to overburdening,

      7. Ethical functioning, prosecution

      8. judicial process/criminal justice administration

  • Review of Police Reforms in the Past

  • Pre-Independence

    1. To reform the then existing system, the first step taken by the british was to relieve the zamindars of their liability for police service and their place was taken over by the Magistrates in the district.

    2. the first major step was the constitution of the Police commission of 1860

    3. The commission recommended the abolition of the military police as a separate organisation and the constitution of a single homogenous force of civil constabulary.

    4. The general management of the force in each province was to be entrusted to an Inspector General

    5. The supervision and the general management of the police by the District Magistrate was continued

    6. The police in each district were to be under a District Superintendent.

    7. The Indian Police commission was constituted in 1902. It found concrete evidence of rampant corruption in the police department.

  • Post independence period

  • Gore committee on Police Training (1971-73) - was set up to review the training of the police from the constabulary level to IPS officers

  • Government of India appointed the National Police commission in 1977. - eight Reports covering different aspects of police administration

  • Ribeiro committee was set up in 1998 on the orders of the Supreme court - It recommended the setting up of Police Performance and Accountability commissions at the State level, constitution of a District complaints Authority, replacement of the Police Act, 1861 with a new Act

  • In 2000, the Padmanabhaiah committee on Police Reforms - was constituted to study recruitment procedures for the police force, training, duties and responsibilities, police investigations and prosecution.

  • September 2005 a Police Act Drafting committee (PADc) with Shri Soli Sorabjee as chairman, - Superintendence of State police to vest in the State Government; Appointment of the Director General of Police by the State Government from amongst three senior most officers, empanelled for the rank.

    1. Security of tenure for key police functionaries.

    2. District Magistrate to have a coordinating role.

    3. constitution of a village police system.

    4. creation of Special Security Zones.

    5. constitution of a State Police Accountability commission

    6. The constitution of the State Police board as recommended by the PADc would give police the required degree of autonomy

    7. A separate mechanism should be put in place to insulate crime investigation, evidence gathering and prosecution from the vagaries of partisan politics.

    8. there will have to be a separate police service to deal with investigation of crimes exclusively

  • Reforms in Other Countries

  • South Africa

    1. an Ombudsman was appointed to investigate allegations of police misconduct

    2. the restructuring of SAP into a three-tiered force started -

    3. a national police, primarily responsible for internal security and for serious crime;

    4. autonomous regional forces, responsible for crime prevention and for matters of general law and order; and

    5. municipal police, responsible for local law enforcement and for minor criminal matters.

  • Core Principles of Police Reform

  • Responsibility of the Elected Government - The coercive power of the police can easily extinguish liberty unless it is tempered by responsible political direction.

  • Authority, Autonomy and Accountability

    1. At the same time, the various wings of police should have the authority and resources to fulfill their responsibilities.

    2. Although no one disputes that the police has to be accountable, there are differing views as to whom the police should be accountable to.

    3. It has often been argued that the police are answerable and accountable to too many authorities and institutions.

    4. There is another view that the existing accountability mechanisms especially outside the police hierarchy are in fact too weak to extract any kind of accountability.

    5. There is a school of thought that the police should be accountable to the law and law alone.

    6. The mode and manner of accountability of police personnel has to be laid down by law itself with accountability mechanisms.

  • Disaggregation and Deconcentration

    1. A single, monolithic force now discharges several functions

    2. This is dysfunctional for four reasons:

    3. the core functions are often neglected

    4. accountability is greatly diluted

    5. the skills and resources required for each function are unique

    6. each function requires a different system of control and level of accountability.

    7. mere mechanical and uniform application of law in all situations will do irreparable damage to public interest.

  • disaggregation and deconcentration cannot be pushed to the extreme.

  • There is need to strike a balance between authority and accountability, And between autonomy and coordination.

  • Excessive fragmentation of the police force is as detrimental to public good as overconcentration.

  • Three broad categories of functions of police functions - Crime investigation, Law and order, Local policing

  • Independence of Crime Investigation

  • The use of third degree methods to extract a confession, over reliance on oral testimony along with witness turning hostile shows the weakness of the present investigation and crime control issues.

  • ARC says elite crime investigation agency of police should be created in each state.

  • Self-esteem of Policemen

  • Nearly 87% of all police personnel are constables

  • An average constable has little hope of becoming a Station House Officer (SHO).

  • The police force is top heavy.

  • over-crowding at the top with no real strength at middle-management levels.

  • ARC states police recruitment needs to be restructured significantly in order to enhance motivation and morale, professionalism and competence of the personnel.

  • Attendant Criminal Law Reform

    1. the criminal justice system are also made effective and efficient.

    2. The number of courts is India is inadequate to meet the requirement of justice.

    3. The resultant inaccessibility, coupled with archaic and complex procedures has made our justice system slow, inaccessible and in reality unaffordable.

  • Police to be a Service - UNs basic Principles on the use of Force and Firearms recognises that the work of law enforcement officials is a social service

  • Police Reforms

    1. The police station (a part of the law and order police), would be the first point of contact for citizens.

    2. effective mechanisms for coordination between local police, crime investigation agency, and riot control (law and order) police.

    3. An independent prosecution wing, stated by serving trial judges on deputation

    4. The police station (a part of the law and order police), would be the first point of contact for citizens.

    5. effective mechanisms for coordination between local police, crime investigation agency, and riot control (law and order) police

    6. local police (under local authorities), would attend to other local police functions including traffic management and minor local law and order maintenance.

    7. There would be a strong forensic division, with well-equipped laboratories in each district

    8. The rest of the police (excluding crime investigation and local police) would constitute the law and order agency.

    9. Investigation of crimes (except offences entailing a prescribed punishment of, say, three years prison term or less) would be entrusted to a separate, fully autonomous, elite, professional, investigation agency in each state.

  • Police Accountability Mechanism - Balancing Autonomy and Control

  • State Government and the Police

  • Relation between the State Government and the Police

  • The National Police commission (NPC)

    1. stated that the arrangement that existed between the police and the foreign power before Independence was allowed to continue with the only change that the foreign power was substituted by the political party in power.

    2. The NPc also suggested the constitution of a statutory commission in each state to be called the State Security commission.

    3. broad policy guidelines, evaluate performance of state police and function as a forum for appeal from police officers and also review the functioning of the police in the state.

  • ARC Recommendations :

    1. the power of superintendence of the police service shall vest in and be exercised by the State Government in accordance with the provisions of law.

    2. The State Government shall exercise its superintendence over the police in such manner and to such an extent as to promote the professional efficiency of the police and ensure that its performance is at all times in accordance with the law.

    3. Obstruction of justice' should also be defined as an offence

  • Separation of Investigation from other Functions

    1. Police tasks can be categorised as follows:

      1. Prevention; deployment of police force as a preventive measure when breach of peace is threatened

      2. Investigation; all actions taken by the police in the course of investigating a case

      3. Service provision; rendering service of a general nature during fairs and festivals, rescuing children lost in crowds, providing relief,etc.

    2. The Padmanabhaiah committee (2000) also recommended separation of the investigation work from law and order and other duties.

    3. The law commission in its 154th Report (1996) also recommended the separation

    4. Result in speedier investigation

    5. Will increase the expertise of investigating police.

    6. They would not provoke public anger and hatred which stand in the way of police-public co-operation

    7. The ARC has carefully examined this issue and feels that a clear separation of investigation from law and order duties is required

    8. two separate agencies - one dealing with `Investigations' and the other dealing with `law and Order'

  • Accountability of law and Order Machinery

    1. A State Police Performance and Accountability Commission should be there

    2. consists of Home Minister (Chairman), Leader of Opposition in the State Assembly, etc

    3. Functions

      1. frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing, in accordance with law;

      2. prepare panels for the office of Director General of Police against prescribed criteria;

      3. identify performance indicators

      4. review and evaluate organizational performance

    4. A State Police Establishment Committee should be constituted

    5. This Committee should deal with cases relating to officers of the rank of Inspector General of Police and above.

    6. These Committees should deal with all matters of postings and transfers, promotions and also grievances relating to establishment matters.

    7. All cities with population above one million should have Metropolitan Police Authorities.

    8. Reducing Burden on Police - Outsourcing Non Core Functions: - Some of the functions that can be outsourced are the delivery of court summons, verification of antecedents and addresses, which are required in the context of passport applications, job verifications etc.

  • Public Greivances

    1. The District Police Complaints Authority should have the powers to enquire into misconduct or abuse of power against police officers up to the rank of DySP.

    2. A State Police Complaints Authority should be constituted to look into cases of serious misconduct by the police.

    3. The State level Authority should also look into complaints against officers of the rank of Superintendent of Police and above.

    4. The State Police Complaints Authority should have a retired HC Judge as Chairperson and nominees of the State Government, SHRC, other commissions, etc

    5. The State Police Complaints Authority should also monitor the functioning of the District Police Complaints Authority.

    6. A District Police Complaints Authority should be constituted to enquire into allegations against the police within the district.

  • Other Measures

    1. Improvement of Forensic Science Infrastructure - Professionalisation of Investigation

    2. Strengthening Intelligence Gathering

    3. intelligence gathering is done by the Special branch (Intelligence Wing) of the police and the regular police stations.

    4. Human intelligence should be combined with information derived from diverse sources with the focus on increased use of technology.

    5. Intelligence agencies should develop multi-disciplinary capability by utilising services of experts in various disciplines for intelligence gathering and processing.

    6. Training

    7. There should also be common training programmes for police and executive magistrates.

    8. Training should focus on bringing in attitudinal change in police so that they become more responsive and sensitive to citizens' needs.

  • Police and Human Rights

    1. D.K. Basu vs the State of West bengal [1997]

      1. State terrorism is no answer to combat terrorism.

      2. The State, therefore, must ensure that various agencies deployed by it for combating terrorism act within the bounds of law and not become law unto themselves

      3. Other matters related to policing and human rights are concerned with custodial deaths, encounter deaths and torture.

    2. NHRC

      1. with every passing year, the evidence before the Commission mounts that there must be major police reforms in the country if the human rights situation is to be improved.

      2. The most important element, in its view, is insulating the investigation work of the police from `extraneous influences' and putting a stop to arbitrary transfers of police officials

    3. The ARC Recommends; - the emphasis on professional investigation, use of forensic science, proper training to bring about an attitudinal change in police; the complaints authorities would provide an effective grievance redressal mechanism against police high handedness.

  • Community Policing

    1. Community Policing is an area specific proactive process of working with the community for prevention and detection of crime, maintenance of public order and resolving local conflicts and with the objective of providing a better quality of life and sense of security

    2. community policing has four elements:

      1. community-based crime prevention;

      2. Patrol deployment for non- emergency interaction with the public;

      3. Active solicitation of requests for service not involving criminal matters; and

      4. creation of mechanisms for grassroots feedback from the community.

    3. The basic principle underlying community policing is that `a policeman is a citizen with uniform and a citizen is a policeman without uniform'.

    4. `Maithri' in Andhra Pradesh, `Friends of Police' in Tamil Nadu, Mohalla committees in bhiwandi (Maharashtra),

    5. Few principles of Community Policing

      1. community policing is a philosophy and not just a set of a few initiatives.

      2. The success of community policing lies in citizens developing a feeling that they have a say in the policing of their locality and also making the community the first line of defence. community

      3. It should not become a mere `public relations' exercise

      4. Interaction with people should be organised through `community liaison groups' or citizen's committees at different levels.

      5. convergence with activities of other government departments

    6. Gender Training

      1. Since the police is the primary agency of the criminal justice system which protects human rights, it is essential to sensitise police personnel to gender issues. A well designed gender training, which internalises responses

      2. The representation of women in police at all levels should be increased through affirmative action so that they constitute about 33% of the police.

  • National Security Commission

    1. The Supreme court has directed that the union Government should set up a National Security commission:

    2. Selection and placement of Chiefs of the Central Police Organisations (CPOs), who should also be given a minimum tenure of two years.

    3. It could be headed by the Union Home Minister and comprise heads of the CPOs and 2 security experts and Home Secretary as its Secretary

    4. The central Police Organisations

    5. Border Security Force, Indo-Tibetan border Police:, Central Industrial Security Force, Central Reserve Police Force:

    6. ARC: No need for it.

  • Constitutional Issues

    1. Arguments for inclusion of `Public Order' in the concurrent list

    2. 1. A collapse of `public order' has wide ramifications for national security, economic development and even on the legitimacy of the State

    3. 2. union Government in such situations means that it is often powerless to intervene in major crisis situations

    4. 3. Another reason often cited for bringing public order in the concurrent list is that inter-state crime is on the increase.

    5. 4. Due to the rapid growth in communication facilities and the use of modern technologies, organised crime and terrorism often operate on a national or even international scale and can best be tackled by providing for a unified legal, administrative and operational framework for police forces across the country.

  • Arguments against bringing `Public Order' in the concurrent list

    1. The principle of subsidiarity demands that these functions be exercised by State Governments.

    2. In most of the large developed countries, the national government does not handle law and order which is left to the provincial and even local governments.

    3. Any move to bring public order into the concurrent list would also amount to duality of responsibility which may be detrimental to the efficient handling of serious public order situations.

    4. In an era of democratic decentralisation a move to bring public order into the concurrent list would be a retrograde step

    5. The size and diversity of our country is another reason why `Public Order' and `Police' have been kept in the State list

  • ARC's View - commission is of the view that the existing constitutional responsibilities between the states and the union which have stood the test of time should not be disturbed.

  • Obligations of the Union and States

  • Articles

    1. 256: The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament

    2. Article 256 casts a responsibility on the union to uphold the rule of law.

    3. 352. Proclamation of Emergency.

    4. 355. Duty of the Union to protect States against external aggression and internal disturbance.

    5. 356. Provisions in case of failure of constitutional machinery in States

    6. 365. Effect of failure to comply with, or to give effect to, directions given by the Union.

  • Federal Crimes

    1. Committee on Reforms of criminal Justice System

    2. Federal Investigating Agency with an all-India Charter

    3. Organised crime, Terrorism, Acts threatening national security, Trafficking in arms and human being, Sedition, Major crimes with inter-state ramifications, Assassination (including attempts) of major public figures, Serious economic offences.

  • ARC's view: - agrees with Padmanabhaiah committee that such crimes should be investigated by a specialised wing in the central bureau of Investigation.

  • Armed Forces (Special Powers) Act, 1958

    1. When deployment of the Army and the para-military forces in large numbers and for an indeterminate period to deal with the situation arising because of insurgency by the `Nagaland National council' became necessary, a law on the lines of the 1947 enactments was also considered to be indispensably required.

    2. The result was the Armed Forces (Assam and Manipur) Special Powers Act, 1958.

    3. The reorganization of the North-Eastern region in 1972 entailing, inter alia, a constriction of the territory of the State of Assam, the Act was amended and renamed the Armed Forces (Special Powers) Act (AFSPA).

    4. It comes into operation after a declaration is made under Section 2 that a particular area is disturbed.

    5. AFSPA now extends to all the states of the North East except Sikkim

    6. Earlier, only the Governor/Administrator was competent to issue such declaration; the 1972 amendment now vests a similar power with the union Government.

    7. Members of the Armed Forces discharging duties under the Act immunity from prosecution and other legal proceedings except with the previous sanction of the union Government.

    8. The Act has been used in Manipur and Nagaland since 1958 and in Mizoram, Assam and Tripura from later dates.

  • The Five-judge bench of the Apex court arrived at, inter alia, the following conclusions after taking into consideration various arguments:

    1. Parliament was competent to enact AFSPA in exercise of the legislative power conferred on it under Entry 2 of list I (pertaining to naval, military and air forces and also any other armed forces of the union) and Article 248 of the constitution read with Entry 97 of list I (pertaining to residuary powers of legislation)

    2. It is not a law in respect of maintenance of public order

    3. AFSPA is not a colourable legislation or a fraud on the constitution.

  • In 2004, union Government appointed the committee to Review the Armed Forces (Special Powers) Act, 1958

  • It found that the powers conferred therein are not absolute and could only be invoked in the disturbed area if there was already a prohibitory order in force.

  • ARC's view - It after considering the views of various stakeholders, came to the conclusion that AFSPA should be repealed.

  • It recommend insertion of appropriate provisions in the unlawful Activities (Prevention) Act, 1967 (ulPA) instead of suggesting a new legislation

  • The Role of the Media in Public Order

    1. The Administration must make facts available to the media at the earliest about any major development, particularly activities affecting public order.

    2. increased interaction between the Administration and the media.