UPSC’s new rule: Supreme Court nod must for delay in choosing State DGPs

The Union Public Service Commission (UPSC) has revised the rules for the empanelment of the State Director General of Police and Head of Police Force. 

State Governments will now have to get the consent of the Supreme Court for any delay in submitting the list of DGP-rank officers to the UPSC for empanelment. 

While disposing of an interlocutory application moved by the Union Home Ministry, the Supreme Court had ruled that States should send their proposals in anticipation of the vacancies to the UPSC well in time – at least three months prior to the date of retirement of the incumbent on the post of DGP.

It also ordered that “none of the States shall ever conceive of the idea of appointing any person to the post of Director General of Police on an acting basis for there is no concept of an acting Director General of Police as per the decision in Prakash Singh’s case.”

With many States delaying the process of sending proposals for shortlisting the names of three DGPs for the top post for various reasons and some appointing acting DGPs, the UPSC sought legal opinion in the matter.

The UPSC said “it is observed that many States have been submitting the proposals for convening the Empanelment Committee Meeting in violation of the Supreme Court directions.”

Excessive delay 

The Attorney General of India (AGI) opined that the delay by the State government in forwarding names for empanelment was “excessive”. 

“On examining the applicable rules and precedents, I find no provision empowering the UPSC to condone such inordinate delay and then proceed as though no irregularity had occurred, ultimately recommending a panel of DGP,” the AGI said.

The State government should have first come to the Supreme Court in case of any difficulty. The more appropriate course, therefore, would be to require the State to seek leave or clarification from the Supreme Court, the AGI noted.

Amending its earlier orders, the UPSC said the States shall seek leave or clarification from the Supreme Court for delayed submission except for death, resignation or premature relieving of DGP in accordance with the apex court judgment.