Public Administration || Paper 2 || Law and Order

Basics

1.   Maintenance of “Law & Order” is a State Subject where as “Internal Security” is a Union subject.

2.   Sources of Law – Constitution; Statutes; Customary laws; by laws.

3.   Criminal law is of two types

a.   Substantive – e.g. IPC

b.   Procedural – e.g. CrPC

4.   Offences – cognizable and non-cognizable (warrant required)

National Police Commission (1977) Recommendations

1.   Complaints against the Police.

2.   Criminal Justice Commission.

3.   Special cells for weaker sections

4.   Compulsory FIR.

5.   Psychological tests to be used for recruitment.

Ribeiro Committee (1988) Recommendations

1.   Police Performance and accountability commission.

2.   District Police Complaint authority.

3.   Police establishment board headed by DGP for transfer and promotions.

Padmanabhaiya Committee (2002) Recommendations

1.   Police establishment board.

2.   Greater recruitment of sub inspectors.

3.   Police training advisory council.

4.   Encouraging community policing.

5.   District Police complaint authority.

Soli Sorabji Committee (2007) Recommendations

1.   7 directives as in Prakash Singh vs UoI

2.   Bifurcation of L&O from Investigation.

3.   Fixation of tenure.

4.   National security commission.

5.   State Police Complaint Authority.

6.   Electronic FIR.

7.   Non-registration of FIRs as an offence.

8.   Modernization of force and arsenal.

2^nd ARC recommendations

1.   3 year tenure fixation.

2.   Deployment of central forces in States if need arises.

3.   Reservation of women.

4.   Zero tolerance strategy.

Challenges to internal security

1.   Naxalism or LWE.

2.   Militancy.

3.   Insurgency.

4.   Terrorism.

5.   Religious fundamentalism.

Central Armed Forces and Other bodies

1.   CRPF – Largest CAPF; Genesis 1939 as Crowns Representative Police; Has RAF, CoBRA;

2.   BSF – raised in 1965; guards the borders with Pakistan and Bangladesh; 2^nd largest CAPF;

3.   ITBP – Raised in 1962; Guards borders with China; AKA himveers; Kailash Mansarovar Yatra;

4.   CISF – Raised in 1969; Vital industrial Setups; airports; Act amended for inclusion of Private Entities as well.

5.   SSB – Raised in 1963; Guards the borders with Nepal and Bhutan;

6.   Assam rifles – raised in 1835; And thus oldest one; AKA sentinels of NE, Friends of the Hill people; Insurgency plus guarding duty of the Myanmar borders.

7.   CBI – Formed originally in 1963 as Delhi Special Police establishment; Official Interpol Unit; Cases of corruption, fraud and sensational homicides; Controlled by DoPT.

8.   NIA – Federal agency formed in 2008; All India jurisdiction; all powers of investigation; special courts for trial.