Why CM Kejriwal wants the police, and why that’s not going to be easy?
Opinion
25/02/2018
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Why CM Kejriwal wants the police, and why that’s not going to be easy? The Answer is under ..
The Delhi Chief Minister wants PM Narendra Modi to either personally supervise Delhi Police,or to give him control over the force. APURVA of Indian Express explains the context and background of the demand, and what must change for it to be met.
CM Kejriwal feels it necessary to constantly battle with the central government on control over the Delhi Police — and to also be seen by the public as battling for that control.
1. Why is the Delhi Police not under the elected government?
The Constituent Assembly of India, while drafting the Constitution, had agreed that Delhi — as the national capital — should remain a Union Territory. Delhi was re designated as National Capital Territory by an act of Parliament in 1993, but it is still governed as any other UT, where issues of land, law and order and police remain vested with the central government through the Lieutenant Governor.
2. Why is this an important issue for Arvind Kejriwal?
The Chief Minister knows what the wrath of the electorate can achieve. The December 16, 2012 gangrape played no small part in the Congress’s disastrous performance in the Assembly elections the following year. Chief Minister Sheila Dikshit attempted in vain to tell the public that law and order and police were not under the Delhi government. But, says Dikshit, “The people do not necessarily care about such technicalities. For all practical purposes the Delhi Police and I as the CM were one and the same.”
The AAP cannot afford a similar situation. So Chief Minister Kejriwal feels it necessary to constantly battle with the central government on control over the Delhi Police — and to also be seen by the public as battling for that control.
3. How have governments worked with the police since 1993?
Among the earliest resolutions the first elected government of Delhi — led by Chief Minister Madan Lal Khurana of the BJP — passed in the Assembly was a demand for full statehood. Three years later, the BJP government of Sahib Singh Verma passed a similar resolution — and, subsequently, so did Dikshit’s Congress government. There have been repeated requests, demands and threats, but the Delhi government has always managed to find a way to work in tandem with the LG, who controls the Delhi Police and, through the Delhi Development Authority, has power over land.
4. Can the Delhi Police come under the Delhi government?
It is possible, but only after a constitutional amendment. Former Lok Sabha and Delhi Assembly Secretary S K Sharma says Article 239 of the Constitution, which defines the administration of Union Territories, would need to be amended. “Unless this is amended, absolutely nothing can be done. And a constitutional amendment requires a two-thirds majority in the Lok Sabha and Rajya Sabha, which of course, is easier said than done,” Sharma says.
5. Are there alternatives to amending the Constitution?
The Delhi government under Sheila Dikshit between 1998 and 2013 had made several recommendations to the union Home Ministry about the Delhi Police. “There are options without amending the Constitution. We had recommended some changes in the appointment and powers of the police. While the police itself comes under the central government, its powers and jurisdiction can be tweaked,” a senior official said. For example, Dikshit had once recommended that all VIP security remain with the central government, while other functions like traffic be moved to the Delhi government.
“Since there will be more than one district metropolitan area, there cannot be a single commissioner for all of Delhi. This needs to be reviewed, and the term commissioner may be replaced by DGP (Director General of Police), who shall be entrusted with the task of supervision and direction of the police. The DGP shall be appointed by the Administrator (the Lt Governor) in consultation with the central government. Administrator shall consult the Chief Minister of the state,” said one recommendation sent to the Home Ministry in 2012, while discussing the Draft Police Bill.
The recommendations also included giving administrative control over forensic units to Delhi in order to “ensure independence and impartial inquiry without the fear of police commissioner”.
6. Are there any other options?
Some experts believe that the police in Delhi can be divided to make governance more effective. It is suggested that the central government’s influence be limited to the New Delhi district area, which encompasses most central government buildings and areas, while the rest of Delhi be administered by a police force that is under the local government.
7. How do things work in other countries?
Most national capitals use a similar structure, particularly for policing. In the United States, the Metropolitan Police Department of the District of Columbia, responsible for law enforcement in Washington DC, operates under the federal authority. As the capital of the United States, Washington DC is a federal district and subject to the ultimate authority of the US Congress.
NOTE :-
A.
1. The Delhi Police (DP) is the Law enforcement agency for the National Capital Territory of Delhi (NCT). It does not have jurisdiction over the adjoining areas of the National Capital Region. The head of the Delhi Police Department is designated as Police Commissioner of New Delhi. In 2015, sanctioned strength of DP was 84,536 (including I.R. Battalions) : para7.69 making it one of the largest metropolitan police forces in the world. About 25 percent of Delhi police strength is earmarked for VVIP security.
2.They come under the jurisdiction of the Ministry of Home Affairs (MHA), Government of India and not the Government of Delhi. : para7.5. The headquarters are located at Indraprashta Estate, New Delhi.
3. Current Organisation : Delhi Police, in 2017, has 6 Ranges, 13 Police Districts, 62 Sub-Divisions with 184 Police Stations and 5 Specialised Crime Units declared as Police Stations namely, Economic Offenses Wing, Crime Branch, Special Cell, Special Police Unit for Women and Children (SPUWAC) and Vigilance). : para7.69
B.
4. Kejriwal proposes Centre can retain control over NDMC area and Delhi Cantonment, put the rest of the national capital under him. Sheila Dikshit had proposed the same to the home ministry in her tenure as chief minister ( UPA GOVT WAS IN THE CENTRE, BEFORE, CONGRESS WAS IN THE CENTRE ).
5. Kejriwal says Delhi Police is corrupt and compromised primarily as it has no accountability to the CM.
C.
Home Ministry's counter-argument :-
1. Delhi belongs to the entire country not just to people of Delhi.
2. Delhi is also a unique case from constitutional point of view as it does have full statehood status and is essentially a Union Territory (UT). In all UT's in the country, the home ministry has control over the police.
3. Delhi police may not be accountable to the MLAs but it is accountable to the highest law-making body, the Parliament. Putting it under the Delhi govt could mean unnecessary interference by MLAs in its working. Dividing Police bosses in two parts of the same city could lead to complete chaos.
4. Delhi police gets a huge budget and considerable autonomy as it is funded by the Centre and not by the state government. Putting it under the latter requires a constitutional amendment and may starve it of funds.
5. Even in the US, Washington DC, their capital, has the police reporting to the Federal government. There are vital security issues involved in a national capital so Delhi Police cannot be handed over to Delhi government.
D.
If Delhi Police comes under state govt, it will be very unfortunate: BS Bassi :- ( Bhim Sain Bassi - Police Commissioner : July 2013 to February 2016 )
1. In his strongest assertion amid his ongoing tussle with the Arvind Kejriwal dispensation, top cop B S Bassi today said it would be a "very unfortunate" day in the history of the capital if the Delhi Police comes under the city government and its functioning under the Centre's jurisdiction was "perfect".
2. "It will be a very unfortunate day in the history of Delhi. As a citizen of Delhi I can say it would be a bad fortune for Delhi. They (AAP) have the right to make a political demand. It is political posturing. And as a citizen of Delhi I have the right to say this is not right for Delhi citizens," Bassi said.
3. Justifying his point, he said that under the present arrangement where it is under the Union government, it does not have to face any "local vested interest" as the Prime Minister or Home Minister have no stake here.
4. "The present system is the best. No Prime Minister has any vested interest in Delhi unless belongs to Delhi. I have not seen any PM having any local interest in Delhi during my long career. Every Prime Minister would want progress of Delhi but he will not have any local vested interest. Generally any Home minister also will not have any local vested interest in Delhi," he told PTI in an interview.
5. He went on to add that any sort of tinkering with the current structure would be "injustice" with the residents of the capital as the force has "reasonable autonomy" now.
6. "And any tinkering would be injustice with the people of Delhi as police would not strengthen rather weaken due to this. If you tinker and place it under the city government local vested interests would come into play. I have worked in Goa, Pondichery on that basis I can say local vested interests would definitely be created if it comes under the city government," he said.
7. On the question of AAP government mulling a referendum on the issue of statehood, he said the move would be "unconstitutional".
8. "Any referendum under the Indian constitution is unconstitutional. Indian constitution does not permit referendum as it stands today and unless it is amended it is not permissible. It shall be an unconstitutional act," he said.
9. Bassi strongly rejected senior AAP leader Ashutosh's suggestion that he was working as per the instructions of a very "influential cabinet minister/an official very close to PM..."
10. "Ashutosh's assertions are incorrect. This (Jitender Singh Tomar's arrest) was a legitimate decision of the investigating officer. It's a total incorrect belief on the party of anyone. Neither previous government nor this government have asked me to do any wrong thing," he said.
11. Bassi said there were no possibilities of a "constitutional breakdown" due to the current impasse as "it is a small storm that will pass."
12. Referring to the series of advertisements released by the AAP government some of which also targeted the Delhi Police, he said, "Today people understand the truth and can see through political posturing. Their (people) problem is of bread and butter so these issues are like entertainment to them."
13. Bassi, who became Delhi's top cop in 2013, said he chose to speak to the media over these issues to "educate" the public as he did not have "resources through which I can educate the public via advertisements."
14. Saying that he did not have anything against AAP, he advised the ruling party to focus on improving the city's education and health infrastructure instead.
15. "Government has a lot of work with it. They have to work a lot in improving government school infrastructure, leave aside MCD schools which are completely in shambles. Also health system, where clinics don't have doctors. Delhi doesn't have ambulance service so we have chipped in through our PCR service and will continue to do that," he said.
16. Claiming that the standoff was not sending any negative message among the people, Bassi said "I have instructed officers to not waste even a second over these matters. Our work will improve out of this criticism as lack of criticism invites complacency. It's creating a situation where we can not afford to be lax."
OPINION :
1. Kejriwal is mentally unstable and AAP Delhi MLAs are rogues, handing over police force to them is as good as giving garland to monkey-s; Kejriwal is not in good relation ship with anybody, but in good relations with all opposition parties ..
2. Constitution is right, and present system is ok;
3. Delhi is very top security area, giving control, by allowing police force under Kejriwal's control, is security risk;
4. There plenty of tasks for Kejriwal and AAP MLA-s to do in Delhi, they are great failure, in each and every sector of their duties;
5.The over talking Kejriwal and his associates to hide failures, take support of other false issues and fool the people of Delhi;
6. Many times, it seemed that though with hell of acadamical degrees he is even unfit to be a say good citizen;
7. Look at his associations, Mulayam, lalu, mamata, kamal hassan, all bundle of stupids;
8. Some times this bugger kejriwal looks silly, talking foolish things, abuse elders, veterans,etc..
9. Overall, he is over-ambitious, running to catch flying birds, forgetting his present duties;
10. Finally, kajriwal, is corrupted, lier, not sincere to his duties, not dedicated to his post as CM, AND DISLOYAL TO PEOPLE OF DELHI AND GOVERNMENT OF INDIA.
Thank you for reading
JAIHIND.
VANDE MATHARAM
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