In regard to the representations or information which elected representatives of the people may have to communicate to Government servants (including the police) existing instructions emphasise that while the Government servants should consider carefully and listen patiently to what the elected representatives may have to say, they (i.e. Government servants) should always act according to their own best judgment.
These instructions are contained in the following references :(i) Government of India, Department of Personnel and Administrative Reforms, letter No. 25/19/64-Ests (A) dated 29th April, 1975 addressed to Chief Secretaries of all the State Governments.(ii) Circular No. PMG-1075/XVIII(0&M) dated 25-11-1975 issued by the Government of Maharashtra, General Administration Department.(iii) G. 0. Ms. No. 976 dated 24th May, 1969, issued by the Government of Tamil Nadu, Public (Services A) Department, Madras to all Heads of
Departments.In this context it will be relevant to refer to rule 3(3) of the All India Services (Conduct) Rules, 1968, which is reproduced below :"No member of the Service shall, in the performance of his official duties or in exercise of powers conferred on him—(i) act otherwise than in his best judgment except when he is acting under the direction of his official superior and he shall obtain such direction in writing, wherever practicable, and where it is not practicable. he shall obtain written confirmation(ii) evade the responsibility devolving legitimately on him and seek instruction from, or approval of, a superior authority when such instruction or approval is not necessary in the scheme of distribution of powers and responsibilities.
The same rule is embodied in rule 3(2)(ii) of the Central Civil Services (Conduct) Rules, 1964. However, this does not find a place in the Conduct Rules in several States which are applicable to the police personnel. We would recommend the adoption of this rule in the Conduct Rules applicable to police personnel of all ranks in all States.
Code of Conduct for Legislators15.63 The conduct of Government servants (including the police) can be controlled and guided by the issue of rules and instructions and enforcing then strict compliance in actual practice. If, however, the political functionaries, whose conduct is not subject to such rules and regulations, do not change their present attitudes and approach to this matter, their inclination to interfere with the executive including the police will continue in some form or other. While on one side we may be thinking of several remedial measures to enable the executive to resist this interference, our objective can be achieved in a substantial measure only when the political functionaries also change their style of functioning.
In the Government of India, Department of Personnel & Administrative Reforms letter No. 25/19/64-Ests. (A) dated 29th April, 1975, addressed to the Chief Secretaries of all the State Governments, it was indicated that a Code of Conduct of Legislators was being separately processed by the Ministry of Home Affairs. Our enquiries reveal that this Code of Conduct for Legislators has not yet taken any shape. We recommend that the Ministry of Home Affairs complete their exercise expeditiously and have the Code issued very soon so that the elected representatives as also the general public at large may know and appreciate the requirements of ethics and propriety in this important and sensitive matter. We also trust that the contemplated exercise on the political plane as decided at the Chief Ministers' Conference of 6th June, 1979 [vide para 15.19 above) will be taken up in right earnest and completed soon.
Declaration by police personnel at the time of appointment15.64 To bring home the primacy of the rule of law in a democracy and the paramount duty of every police officer to recognise this primacy and stoutly resist any interference with the course of his duties as enjoined by law and in accordance with the Constitution, we feel it would be appropriate if every member of the police is made to swear or solemnly affirm a declaration embodying this fundamental principle, at the time of his joining the police, whatever be the rank of entry. Police regulations in States do not envisage any separate affirmation or declaration by police officers, but in common with other Government servants they are required to sign a simple declaration proclaiming their allegiance to India and to the Constitution of India as by law established.
We feel that something more positive is required on the part of a police officer and would, therefore, recommend the following form of declaration :—I, A B, do swear/solemnly affirm that I will be faithful and bear true allegiance to India and to the Constitution of India as by law established; that as a member of the police in the State of—————I will honestly, impartially and truly serve the people without favour or affection, malice or ill-will; that I will to the best of my ability, skill and knowledge discharge, according to law, such functions and duties as may be entrusted to me as a police officer, and in such a manner as to uphold and protect the dignity and rights of the citizen as proclaimed in the Constitution.
^Apart from the initial declaration at the time of joining the police, it would further serve the purpose and embed the principle firmly in the minds of all the police officers if this declaration is remembered and repeated by them in groups and assemblies of police personnel drawn up on an annual ceremonial occasion like the 'Police Commemoration Day* which is observed on 2 lit October, every year.
Training15.65 The sustained capacity of the police system to function as an efficient and impartial instrument of law will largely depend on the attitudes developed by the personnel at different levels in the system and the manner in which they respond to different situations in their career. This in turn depends on the training which they get at the time of their entry into the system and in the subsequent lead and guidance they receive from the leadership at various levels within the system. The structuring of the initial training courses and the later in-service training courses for all police personnel should be suitably designed to facilitate the growth of proper attitudes and sense of values on the part of every police officer, viewing himself throughout as a servant of law to uphold and protect the dignity and rights of every individual fellow citizen of the country. We shall be referring to this aspect m greater detail when we deal with the subject of training for police officers.
Conclusion15.66 In recommending the various measures in this chapter for minimising, if not eliminating, the scope for interference with or misuse of police by pressures from political, executive or other extraneous sources, we have placed great hopes equally on politicians and police personnel and trust they would look at these measures objectively and see in them a mechanism for rendering genuine public service. We earnestly believe and trust that our expectations will not go in vain and, recalling the words of Jawaharlal Nehru, we hope the politician as well as the police would be "brave enough and wise enough to grasp this opportunity and accept the challenge of the future".
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