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The
National Police Commission (NPC)
The
Government of India appointed the NPC on November 15, 1977. The
Commission consisted of Mr. Dharam Vira (retired Governor) as Chairman,
Mr. N.K. Reddy (retired Judge, Madras High Court), Mr. K.F. Rustamjee
(ex Director General of the Border Security Force and Special Secretary,
Home Ministry), Mr. N.S. Saxena (ex Director General of the CRPF
and Member UPSC), Mr. M.S Gore (Professor, Tata Institute of Social
Sciences, Bombay) as members, and Mr C.V Narasimhan (Director of
the Central Bureau of Investigation) as Member Secretary.
Though
the Commission was set up on November 15, 1977, it started functioning
effectively only in April 1978. In fact, its first meeting was held
on December 22, 1978.
The
Commission was asked to make a comprehensive review at the national
level of the police system, in the context of the far-reaching changes
that had taken place in the country after the enactment of the Indian
Police Act 1861, the report of the last Police Commission of 1902,
and particularly those which had taken place since Independence.
The NPC had fairly wide and comprehensive terms of reference, involving
a fresh examination of the role and performance of the police, both
as a law enforcement agency and as an institution to protect the
rights of the citizens enshrined in the Constitution. One of its
most important terms of reference required it to recommend measures
and institutional arrangements to "prevent misuse of powers
by the police" and "misuse of police by administrative
or executive instructions, political or other pressure, or oral
orders of any type, which are contrary to law".
The
NPC produced eight reports between February 1979 and May 1981. The
Commission had finished the first two reports, when the Government
changed at the Centre. With Indira Gandhi's return to power in January
1980, the very existence of the National Police Commission came
under threat. Firstly, the Commission had been appointed by her
opponents- the Janata Party. Secondly, the Commission had committed
the unpardonable error of quoting from the Shah Commission's report,
criticising the way the police was used during her regime. Thirdly,
Mr. C.V. Narasimhan, who was the Director of the CBI when the CBI
arrested Mrs. Gandhi during the Janata regime, headed the Commission's
secretariat. Mr. Narasimhan was relieved of his duties on April
19, 1980 and nobody was appointed in his place. The Commission functioned
without a regular Member-Secretary, until it closed in May 1981.
The
first report came out in February 1979 and was made public by the
Janata Government. The remaining seven reports (the 2nd to the 8th)
were released to the public only in March 1983. When the reports
were forwarded to the state governments through the Government of
India's letter no. 11013/11/83-NPC Cell dated March 31, 1983, they
were specifically informed that "at some places in the 2nd
Report (paras 15.24, 15.35 and 15.55) the Commission has relied
on the observations and findings of the Shah Commission to arrive
at certain conclusions. Government strongly repudiate all such conclusions.
At several other places (such as paras 15.2, 15.4, 15.6, 15.7, 15.18,
15.19 and 15.26 of the 2nd Report; para 22.3 of the 3rd Report;
para 32.7 of the 4th Report; para 44.9 of the 6th Report; paras
59.10, 59.19 and 59.25 of the 7th Report and para 61.8 of the 8th
Report), the Commission has been unduly critical of the political
system or of the functioning of the police force in general. Such
general criticism is hardly in keeping with an objective and rational
approach to problems and reveals a biased attitude. Government are
of the view that no note should be taken of such observations".
The message was loud and clear, and after such advice, it is not
surprising that the state governments conveniently put the major
recommendations of the NPC in the cold storage.
The
most important recommendations of the NPC centred around the problem
of insulating the police from illegitimate political and bureaucratic
interference. These recommendations perturbed the entrenched elite
at the prospect of losing control over an organisation that they
had been misusing for so long.
For
a summary of the NPC's recommendations, click below:
NPC's
Reccommendations

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