Political instability and politicisation of police

15.25 The phenomenon of political interference appears to have assumed larger dimensions particularly after 1967 when the continued stability of the elected Governments in some States got disturbed and a period of political instability started. Increased political interference in such a context meant the increased division of the police personnel into different cliques and groups with different political leanings. A police force which does not remain outside politics but is constantly subjected to influences and pressures emanating within the system from the politicised police personnel themselves will in turn seriously disturb the stability of the duly elected political leadership in the State itself and thereby cause serious damage to the fabric of our democracy. This danger has to be realised with equal seriousness and concern by the politician as well as by the police.
15.26 The increasing scope for mala fide interaction between the politician and the police has also encouraged unscrupulous policemen at different levels to forge a working relationship with the politician for gaining Undue career advantage, besides pecuniary advantage resulting from collusive corruption. The phenomenon of political interference has thus grown to enormous proportion, assiduously fed by vested interests among the police as well as the politicians. We are conscious that any remedial measures we might think of in this context will have to contend with resistance from such vested interests on both sides.
Experience in other democracies15.27 On a survey of the existing situation as outlined in the foregoing paragraphs; any observer of the national scene is bound to feel extremely pessimistic and throw up his hands in despair. He may, however, draw some consolation from world history which indicates that perhaps this is an inevitable and passing phase in the growth of any young democracy.
15.28 An interesting study of the evolution of police reform in the United States of America by Robert M. Fogelson, Professor of Urban Studies and History at the Massachusetts Institute of Technology and Consultant for the President's Crime Commission, shows a remarkable similarity to some of the problems we are currently experiencing in the Indian police situation. The following extracts from Fogelson's study report, which depict the situation on the American scene around 1900, are relevant in this connection."Whoever dominated the police could assign to the polls hundreds of tough, well-armed, if not necessarily well-disciplined men, whose jobs. the politicians reminded them, depended on the outcome. Empowered to maintain order in the streets, the police decided whether or not to permit agitators to speak, protestors to march, and laborers to picket, and if so, judged whether or not the protests remained orderly. They also determined whether or not to intervene in racial, ethnic, and religious clashes, and if so, at what point, on whose side, with how many men, and with how much force. Whoever controlled the police possessed an enviable flexibility to respond to confrontations and crises in ways consistent with their own political objectives, which was a tremendous advantage in a society so prone to group conflict.The captain's wardman, a patrolman who collected the payoffs in the precinct, had more influence than many sergeants and roundsmen; and so did veteran patrolmen who were well regarded by local politicians. As every recruit who survived for long learned, most officers derived their prerogatives and influence as much from then" political connections as from then official positions. Formal organization also corresponded poorly, if at all, with actual operation. The chiefs could not possibly know what went on outside headquarters; and their assistants, who owed their positions to the political organizations, would . rarely tell them. The captains, who got their jobs through the ward bosses, felt no compunction about ignoring departmental instructions inconsistent with the injunctions of the local machines.But as the investigative committees discovered, the police manuals were deceptive. Most politicians, including the Democrats who paid lip service to the concept of an apolitical police and the Republicans who criticized their opponents for interfering with the department, viewed control of the force as a prerogative of the party in power.To secure an appointment, most candidates went not to the police commissioners or the police chiefs but straight to the New York district leaders, the Philadelphia ward leaders, the Chicago aldermen, and other influential politicians. Some politicians demanded a payoff: in the 1890s the going rate for a patrolman was 4:300 in New York City and $400 in San Francisco, according to investigating committees. But most politicians preferred evidence that the candidate and his friends or relatives had been helpful to the party in the past and could be counted on by the organization in the future.As most patrolmen soon learned, the sympathetic concern of an influential politician was far better protection than the procedural safeguards of a departmental hearing."
15.29 Even the phenomenon of transfers at the dictates of political bosses was a noticeable feature in the American Police system. Fogelson's study report refers to an intransigent New York City officer who told a State Investigating Committee, "I have been transferred so continuously that I keep my goods packed ready to go at a minute's notice".
15.30 The direction of subsequent police reforms in the United States was towards strengthening the position of the police chief by giving him a reasonable tenure of office and reducing the scope for political interference. Policing was developed as a profession with emphasis on high admission standards, extensive training, and acquisition of a wide range of special skills. Policemen were made to subscribe to a Code of Ethics devoting themselves to the public interest.
15.31 In the United Kingdom the need to prevent political patronage from .affecting the performance of civil services was recognised by the creation of the Civil Services Commission in 1855 which established independent civil services recruited through open competition. It, however, took 'nearly 15 years for the political parties to relinquish the patrontage they had till then enjoyed and agree to the new arrangement. The experience of several other democracies has also shown the need for evolving healthy norms in the interaction between the political leadership in Government and the executive services, to ensure that each section performs its duly recognised role and benefits by the corrective influence from the other in constantly serving the cause of public interest.
15.32 We have already observed how in the early years after independence the political leadership provided by well-motivated administrators and statesmen had in fact enabled the services including the police to function effectively in the best interests of the public at large. We feel confident that the existing situation can certainly be corrected and we can evolve practicable remedial measures to bring about a healthy functioning of the police with helpful and wise guidance from the elected representatives of the people.Remedial measures
15.33 Before we proceed to set out some possible remedial measures we would like to clarify at this stage the ambit of the meaning of certain terms we will be frequently using in our Report while dealing with this subject.
Some definitions15.34 The term "politician" will denote any person who indulges in political activity of any kind, directly or indirectly, either as a formal member of a political party or otherwise. Political functionaries in government, like Ministers and Deputy Ministers will be referred to by the term "political executive". The mere term "executive" without the suffix 'political' will be used to" refer to the normal career executives in government. The meanings of the words 'intercede', 'intervene* and 'interfere' require to be well understood to appreciate the points that will be made in the paragraphs to follow. A may be said to intercede in a situation with if he merely pleads with on behalf of another person to make better understand the representation of the other person. A may be deemed to have intervened m a situation with if by such intercession he seeks to modify the disposal of a matter by without in any way bringing any kind of pressure on B. Lastly, A may be said to interfere with in the discharge of the latter's functions if A directs -f or experts pressure directly or indirectly on to act or omit to act in a manner otherwise than on B's own judgment and assessment of the relevant facts. However, it shall not amount to 'interference' if A has the direct supervisory responsibility over and has the concurrent power to act as aforesaid under the law or rules or duly recognised procedure and takes direct responsibility for the orders.