The cabinet meeting was held on Monday after Chief Minister Yogi Adityanath’s meeting with PM Modi. In the meeting, Yogi government has issued new rules for the selection and appointment of Director General of Police. After the release of the new rules, there will be no interference of the Center (UPSC) in the appointment of the head of the police department (UP DGP Selection) in UP. Now neither will the state government have to send a panel of names of five officers nor will there be any compulsion to approve any one of the three names returned. Now CM Yogi will appoint the state police chief in his own way.
According to the decision and order passed in the Supreme Court in 2006 on the petition filed regarding police reforms, the state governments were expected to enact a new Police Act, so that the police system can be kept free from any pressure. Along with protecting the rights of citizens, the rule of law can be established. UP was one of the eight states to which the Supreme Court had issued contempt notice in this case. This guideline of the Supreme Court worked as a lifeline for the UP government.
What did the Supreme Court say?
The Supreme Court had said in a decision that the state government can form its own panel for the appointment of DGP. This panel should consist of the Chief Secretary, a person nominated by UPSC, the Chairman of Uttar Pradesh Public Service Commission or his nominee, Additional Chief Secretary or Principal Secretary Home and a retired judge. In some states it had already been made. Now UP government will also implement it. This initiative of the UP government is based on the order of the Supreme Court.
What political meaning is being derived from the decision?
Political analysts are looking at this important decision from a different perspective. They believe that this decision has been taken due to the increasing distance between Delhi and Lucknow. No one was even aware of such an important decision. CM Yogi was aware that in his second term, he could not even get a DGP of his choice. Four acting DGPs appointed in two and a half years are enough to tell the story of how much interference the Center has in the appointment of the police chief of the state.
The names of DS Chauhan, RK Vishwakarma, Vijay Kumar and currently Prashant Kumar are included in it. Along with this, it has also been decided that the 2027 assembly elections will be held under the supervision of CM Yogi’s favorite DGP.
Now how will the DGP be appointed, how much will be the tenure?
On Monday, under the chairmanship of Chief Minister Yogi Adityanath, the Cabinet approved the Director General of Police, Uttar Pradesh Selection and Appointment Rules 2024. In this, a provision has been made to constitute a nomination committee under the chairmanship of a retired judge of the High Court. Whereas the minimum tenure of DGP has been fixed at two years. The nomination committee will include the Chief Secretary, an officer nominated by the Union Public Service Commission, the Chairman or nominated officer of the Uttar Pradesh Public Service Commission, Additional Chief Secretary Home, a retired DGP who has worked as DGP.
What do the new rules say?
The objective of these rules is to establish an independent and transparent mechanism for the selection of a suitable person for appointment to the post of DGP, so as to ensure that his selection is free from political or executive interference. Besides, it is also in accordance with the specific conditions and policing needs of the state. It is envisaged that DGPs will be selected by the state government to lead the police force on the basis of their length of service, generally very good service record and extent of experience. The nomination committee will consider the names of those officers who have more than six months left for retirement. Only those names will be considered who are working on the post of DGP in level 16 of the pay matrix.
Government also has the right to remove DGP
The guidelines passed by the Supreme Court have been followed in the provisions related to removal of DGP from the post. In case of any criminal case or corruption case, or if he otherwise fails to discharge his duties and responsibilities, he may be relieved of his responsibilities by the State Government before the completion of the period of two years. Presently Prashant Kumar is the acting DGP and he will retire in May 2025. Under the new rules, Prashant Kumar fulfills all the qualifications to become a full-time DGP.
What is the intention of Yogi government?
Yogi government also seems to have a similar intention that Prashant Kumar should be made the first DGP in the new system. After becoming the new DGP, he will have a minimum tenure of two years. Experts say that if everything goes well, then there is every possibility that the 2027 assembly elections will be held with Prashant Kumar as DGP.
