When IPS have more power than IAS and What is the commissionerate system of police in India ?

 

What is the commissionerate system of police in India? What effect does it have on IAS officers?

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Historical Background

  • Policing is based on the Police Act of 1861.
  • Under the colonial system, the dual system of police administration was introduced.
  • The overall in-charge of a district or region was the District Collector and the Superintendent of Police (SP) reported to him.
  • The primary objective of the British was revenue collection in rural India.
  • They needed a force that could support this objective and unleash tyranny and oppression when needed to suit the objective.
  • The worst of officers from the British police were sent to India.
  • So there was a need to put them under the District Collector.
  • That system continued post-Independence.
  • The British also brought the Police Comm. System first in Kolkata and followed it in Mumbai and Chennai presidencies.
  • The system was introduced even before the Police Act. of 1861.
  • The commissionerate system is considered a step towards POLICE REFORMS.

Directions of the Supreme Court in Prakash Singh vs Union of India

  • 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 issued its judgement in 2006, ordering the centre and states to set up authorities to lay down guidelines for police functioning, evaluate police performance, decide postings and transfers, and receive complaints of police misconduct.
  • The court also required that minimum tenure of service be guaranteed to key police officers to protect them from arbitrary transfers and postings.

Key Points

  • Apart from these, the new team would also have a special Superintendent of Police (SP) appointed for women security to ensure control of crime related to women and timely investigation of the registered cases.
  • Also, there would be another SP rank officer who would be in charge of Traffic management. CCTV cameras would be installed at different places in these two cities for better traffic management and also for law and order.

Police Commissionerate System

  • Under the 7th Schedule of the Constitution, Police is under the State list. It means individual states can legislate and exercise control over this subject.
  • At the district level, a ‘dual system’ of control exists, in which the SP has to work with the DM for supervising police administration.
  • At the metropolitan level, many states have replaced the dual system with the commissionerate system, as it is supposed to allow for faster decision-making to solve complex urban-centric issues.
  • Almost all states barring Bihar, Madhya Pradesh, UT of J&K, and some Northeastern states have a commissionerate system.
  • The British brought the system first in Kolkata and followed it in Mumbai and Chennai presidencies.
  • Delhi turned into a commissionerate during 1977-1979.
  • In the commissionerate system, the Commissioner of Police (CP) is the head of a unified police command structure.
  • He/she is responsible for the force in the city and is accountable to the state government.
  • The office also has magisterial powers, including those related to regulation, control, and licensing.
  • Under this system, the commissioner does not report to the DM.
  • The CP is drawn from the Deputy Inspector General rank or above and is assisted by Special/Joint/Additional/Deputy Commissioners.

Dual System

  • Under the colonial system, the overall in-charge of a district or region was the district collector and the SP reported to him.
  • The powers of the executive magistrate, such as issuing orders for preventive arrests or imposition of SECtion 144 crpc were vested in the district collector.
  • This was called the dual system of police administration.

IN SHORT:- this will not affect IAS at all. except in law and order situation.

i hope u have got some information in brief about CPS.

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