W.P. (C) 310 of 1996
Police Reforms
Summary :
After Independence, India witnessed profound political, social, and economic transformations. The police was no longer just a colonial force to maintain order — it became central to delivering justice, safeguarding rights, and even enabling social change and economic growth. Yet, the institution remained governed by the outdate Police Act of 1861, leaving it vulnerable to political interference, arbitrary transfers, and systemic abuse of power. This gap between the people’s democratic aspirations and the police’s colonial structure was at the heart of public mistrust.
Recognizing this urgent need for reform, Prakash Singh, former Director General of Police, and N.K. Singh, along with Common Cause, filed a Public Interest Litigation in the Supreme Court in 1996. While the police veterans exposed the internal distortions of the force, Common Cause brought in the citizens’ perspective—showing how unchecked police power had led to custodial torture, arbitrary arrests, fabricated cases, and widespread denial of justice, especially for the poor and marginalized. For Common Cause, this was not only about institutional efficiency but about restoring public faith in the rule of law and making the police a true instrument of democratic governance.
The petition sought sweeping reforms, including:
- A new Police Act suited to modern democratic India.
- State Security Commissions to shield the police from political misuse.
- Fixed tenure for police leadership to ensure stability and professionalism.
- Separation of investigation from law-and-order functions to improve justice delivery.
- Independent Police Complaints Authorities to redress citizens’ grievances.
In its historic judgment of 22 September 2006, the Supreme Court accepted these prayers in substance and issued binding directives to the Union and State Governments. It mandated the establishment of State Security Commissions, Police Establishment Boards, Police Complaints Authorities, and the separation of investigative functions, among other systemic safeguards.
This judgment was a watershed in governance reform, affirming that the police must serve the people, not political masters. By joining hands with reform-minded officers and persisting for a decade, Common Cause played a decisive role in ensuring that the Supreme Court upheld the constitutional promise of accountable, citizen-centric policing.
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