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GS Paper: GS2-16.Role of Civil Services in a democracy.

  • Vacancies in the Indian Administrative Service (IAS)

    Minister of State for Personnel, Public Grievances and Pensions told  the Lok Sabha that as on January 1, 2021, there were 5,231 IAS officers in the country — 1,515 (22.45 per cent) fewer than the sanctioned strength of 6,746.

    About IAS

    • The Indian Administrative Service (IAS) is the administrative arm of the All India Services of Government of India.
    • Considered the premier central civil service of India, the IAS is one of the three arms of the All India Services along with the Indian Police Service and the Indian Forest Service.
    • Members of these three services serve the Government of India as well as the individual states.
    • IAS officers may also be deployed to various public sector undertakings and international organizations.

    Functions of the IAS

    • Upon confirmation of service, an IAS officer serves a probationary period as a sub-divisional magistrate.
    • Completion of this probation is followed by an executive administrative role in a district as a district magistrate and collector which lasts several years.
    • After this tenure, an officer may be promoted to head a whole state administrative division, as a divisional commissioner.

    How are officers recruited in the IAS?

    • Direct recruits are selected through the Civil Service Examination (CSE) every year; the number of recruits is decided by a committee that takes several factors into account.
    • Since 2012, 180 IAS officers have been recruited every year through the CSE.
    • A committee has been constituted to arrive at a suitable formula to determine the intake of IAS officers every year from CSE-2022 to 2030.
    • Some officers are promoted from the State Civil Services (SCS), and a limited number are promoted from among non-SCS officers.
    • Filling of vacancies through induction from State Services is a continuous process.
    • The Union Public Service Commission (UPSC) holds Selection Committee meetings with state governments.

    Is the shortage a new trend?

    • The shortage has been a constant feature ever since — it was the least in 2001 (0.79 per cent), and the most in 2012 (28.87 per cent), as per available data.

    How is the sanctioned strength decided?

    • There is a provision for quinquennial cadre reviews for every cadre of the All India Services under the relevant Cadre Rules.
    • The Cadre Review Committee (CRC) is headed by the Cabinet Secretary with the Secretary DoPT, Secretary Expenditure, Secretary Administrative Ministry, and the senior-most member of the service/cadre in question as its members.
    • Cadre review is an ongoing process, and some states are taken up by rotation every year for review — in 2020-21.
    • For example, it was decided to revise the strength and composition of the IAS in UP and Bihar, and of the IPS in Manipur.
    • The sanctioned strength, therefore, keeps changing.

    What impact can a shortage of IAS officers have?

    • IAS officers are given a wide range of high-level responsibilities.
    • In states, their work relates to the collection of revenue, maintenance of law and order, and supervision of policies of the central and state governments.
    • They function as executive magistrates in revenue matters, and as development commissioners.
    • They supervise the spending of public funds and, at a senior level, contribute to policy formulation and decision-making in consultation with Ministers.
    • They serve the central government under deputation.

    Other issues

    • State governments have sometimes refused to send IAS/IPS/Indian Forest Service officers to the Centre saying they are short of officers.
    • The Centre has recently proposed amendments to the IAS (Cadre) Rules in order to exercise greater control in central deputation of IAS officers.

    Why can’t we have more IAS officers?

    • The B S Baswan Committee, said in its report submitted in 2016 that “any number above 180 would
    1. Compromise quality
    2. Exceed the LBNSAA’s (Lal Bahadur Shastri National Academy of Administration’s) capacity and
    3. Lead to a distortion in the career pyramid of IAS officers, particularly for senior posts in the Government of India
    • The Committee recommended that “vacant posts in the Centre and states can be filled by deputation where the number of deputationists would be less than the present.”

    Issues with shortage of Officers

    • Bureaucracy deficit is, perhaps, compelling states to take recourse to such means as appointing non-cadre officers to cadre posts.
    • States allow them to continue in such posts beyond the permissible time limit besides giving multiple charges to serving officers.
    • Such measures compromise the efficiency of administration.

    Way ahead

    • The DoPT should increase the annual intake of IAS officers significantly keeping in view the evolving needs of Indian administration.

     

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  • New Rules for Deputation of DIGs

    After its proposal to amend the All India Service Rules that would allow it to call any IAS, IPS or IFoS officer on central deputation with or without the state’s consent, the Centre has issued another order on central deputation of Deputy Inspector General-level IPS officers.

    What is the order?

    • The Department of Personnel and Training (DoPT) has said that IPS officers coming to the Centre at DIG level would no longer be required to be empanelled at that level with the Union Government.
    • According to existing rules, a DIG-ranked IPS officer with a minimum experience of 14 years could only be deputed to the Centre if the Police Establishment Board empanelled them as DIGs at the Centre.
    • The board chooses the panel on the basis of officers’ career and vigilance records.
    • Only Superintendent of Police-level officers do not require empanelment at the Centre.
    • The new order makes the entire pool of DIG-level officers in a state eligible for central deputation.

    Why has it been issued?

    Ans. Huge Vacancies

    • The move is aimed at increasing the pool of DIG-level IPS officers for central deputation in the backdrop of massive vacancies in central police organisations (CPOs) and the Central Armed Police Forces (CAPFs).
    • Out of 252 posts reserved for IPS officers at DIG level at the Centre, 118 (almost half) are vacant.
    • IPS officers have a quota of 40% in CPOs and CAPFs.

    How will the move help?

    • The idea is to ease up the process of central deputation as verification of records takes a long time.
    • Also, it increases the size of the pool of officers available to the Centre.

    So why would states have a problem?

    Ans. Relieving the Officers

    • States would have to be willing to relieve these officers.
    • The new order may be seen by many states as the Centre’s attempt at pushing the envelope further on increasing its powers over officers serving in the states.
    • With these orders, the Centre would have powers to demand, within a stipulated time frame, a certain quota of officers from the state for central deputation.
    • It may also call any IAS officer on central deputation in “public interest”.
    • In case the state failed to relieve the officer, he/she would be deemed relieved following the date fixed.

    Why don’t states relieve officers?

    Ans. Vacancy in states

    • There is a serious paucity of officers in the states too.
    • In a cost-cutting move during the Atal Bihari Vajpayee regime, the size of IPS batches among other government staff was reduced even though sizeable vacancies existed even then.
    • From 80-90 officers each, IPS batches were cut to 35-40 officers (in 1999-2002, the average was 36).
    • The average attrition rate of IPS officers due to superannuation is 85 per year.
    • The strength of IAS officers too had been impacted due to low intake during the 1990s.

    How has this impacted the services?

    • The anomaly in IPS recruitment adversely affected cadre management over the years.
    • At some levels, there are fewer officers than sanctioned posts, while at others there is a glut. For example, UP has a shortage of DIGs and IGs, but too many officers at the level of ADGs.

     

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  • What is a First Information Report (FIR)?

    This newscard is an excerpt from the original article published in the IE.

    What is an FIR?

    • The term first information report (FIR) is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law.
    • However, but in police regulations or rules, information recorded under Section 154 of CrPC is known as FIR.
    • Section 154 (“Information in cognizable cases”) says that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be recorded in writing.
    • It has to be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe.

    Important components of FIR

    In essence, then, there are three important elements of an FIR:

    1. the information must relate to the commission of a cognizable offence,
    2. it should be given in writing or orally to the head of the police station and,
    3. it must be written down and signed by the informant, and its key points should be recorded in a daily diary.

    What is a cognizable offence?

    • A cognizable offence/case is one in which a police officer may make an arrest without a warrant.
    • In the First Schedule, “the word ‘cognizable’ stands for ‘a police officer may arrest without warrant’; and the word ‘non-cognizable’ stands for ‘a police officer shall not arrest without warrant’.”

    What is the difference between a complaint and an FIR?

    • The CrPC defines a “complaint” as any allegation made orally or in writing to a Magistrate, that some person, whether known or unknown, has committed an offence, but does not include a police report.
    • However, an FIR is a document that has been prepared by the police after verifying the facts of the complaint.
    • The FIR may contain details of the crime and the alleged criminal.
    • If, on the basis of a complaint, it appears that a cognizable offence has been committed, then an FIR under Section 154 CrPC will be registered, and police will open an investigation.
    • If no offence is found, the police will close the inquiry.

    What in case of non-cognizable offences?

    • In case of non-cognizable offences, an FIR under Section 155 CrPC, commonly called “NCR”, is registered, and the complainant will be asked to approach a court for an order.
    • The court may then direct the police to conduct an investigation on the complaint.

    What is a Zero FIR?

    • When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR, and then transfers it to the concerned police station for further investigation.
    • This is called a Zero FIR. No regular FIR number is given.
    • After receiving the Zero FIR, the concerned police station registers a fresh FIR and starts the investigation.

    What if the police refuse to register an FIR?

    • Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned.
    • If the SP/DCP if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or direct an investigation by a subordinate police officer.
    • If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court.
    • If the court is satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.

    What happens after an FIR is filed?

    • The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials. They can arrest the alleged persons as per law.
    • If there is sufficient evidence to corroborate the allegations of the complainant, then a charge sheet will be filed.
    • Or else, a Final Report mentioning that no evidence was found will be filed in court.
    • If it is found that no offence has been committed, a cancellation report will be filed. If no trace of the accused persons is found, an ‘untraced’ report will be filed.
    • However, if the court does not agree with the investigation report, it can order further investigation.

     

    Try this question from CSP 2021:

    Q.With reference to India, consider the following statements:

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”7mt3evgotr” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Upsetting the Centre-state balance

    Context

    The proposed amendment to Rule 6 of the IAS (Cadre) Rules 1954, seeks to do away with the consent of both the officer and the state government.

    What makes All-India services different?

    • Article 309: Under Article 309 of the Constitution, the Centre and states are empowered to erect and maintain services for running their administration.
    • Both the Centre and the states exercise full control over their services independently of each other.
    • Article 312: Unlike a central service or state service, an All-India Service is compositely administered under Article 312.
    • While recruitment and allotment to a cadre (state) are determined by the Centre, the states determine the work and posting.
    • Balance between Centre and states: Hence, All-India Services are carefully balanced between the Centre and the states.
    • The Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS) are the three All-India Services.
    • Being an All-India Service, officers of the IAS are posted to the states, from where they are deputed to the Centre with the tripartite consent of the officer, the state government and the central government.

    Issues with the proposed changes

    • The proposed amendment to Rule 6 of the IAS (Cadre) Rules 1954, seeks to do away with the consent of both the officer and the state government.
    • Reasons for amendment: The reason for the amendment, as declared by the central government, is to ensure adequate availability of IAS officers for central deputation, which at present is “not sufficient to meet the requirement at the Centre”.
    • However, the central government has gone beyond its declared reason and stretched the cadre rules to also allow for appropriation of IAS officers “in public interest”.
    • The Centre has virtually conferred upon itself the plenipotentiary power to pull out any number of IAS officers from the states.
    • States may divest IAS officers of key posts: To protect their administration from becoming paralysed, states may resort to altering their Transaction of Business Rules to divest IAS officers of key posts in the state, and vesting the same with the state officers.
    • Alternately, states may conjure provisional berths for retired bureaucrats to re-enter administration as special appointees, outside the cadre rules.
    • Flouting of cadre rules by States: As it is, the implementation of cadre rules is left to the mercy of the states, with the Centre showing a disinclination to enforce them.
    • Some states openly flout the cadre rules with impunity in matters of postings and transfers.
    • The Civil Services Board has been rendered impotent, non-cadre officers are being unilaterally appointed to IAS cadre posts, and the minimum tenure guarantee is openly flouted.
    • Against federalism: Not only could it allow distrust to fester in Centre-state relations, it would also result in the functional depreciation of the IAS in the states.

    Conclusion

    It is important for the states to be reassured that they are in control of their administration, and for the service to not lose its relevance.

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  • Finding a way to share IAS officers

    Context

    There are recent reports in the media about serious concerns of several state governments on Government of India’s proposed move to amend the IAS service rules to meet the shortage of officers at various levels at the Centre.

    How does central deputation work?

    • Voluntary: Under the current dispensation, officers opt for central deputation from the states voluntarily.
    • The Centre then makes a selection from among these officers for posts which are vacant or are likely to be vacant in the near future.
    • While doing so, it considers the suitability of the officer based on his/her past experience.
    • Once the selection is finalised, orders are issued, requesting the state government to relieve the officer concerned.
    • Quota for each state: Each state has a certain quota beyond which its officers are not accepted by the Centre.

    Shortage of officers on central deputation

    • In the last decade, there has been a gradual decline in the number of officers who opt for central deputation.
    • Generally, of the total cadre strength of the states, about 25-30 per cent used to be on central deputation.
    • Currently, less than 10 per cent are working in various central ministries.
    • According to certain reports, in states like UP, Bihar, Odisha and Tamil Nadu and Kerala, the number is between 8 per cent and 15 per cent.
    • One of the reasons for this non-availability of officers for central deputation is the inadequate recruitment more than a decade and half ago.
    • But an important reason is also the comparatively better service conditions in the states.

    So, what do the proposed rules seek to achieve?

    • While fixing the cadre strength of states, about 40 per cent posts of senior duty are earmarked for central deputation.
    • Shortage to be shared equitably: Considering that recruitments in the past were not adequate, the proposed change in rules provides for shortage to be shared equitably between the Centre and states.
    • Time limit to relieve officers: Also, since vacancies need to be filled in time, there is a suggestion of a time limit in which states must respond and relieve the officer selected.

    Way forward

    • Respect the views of State: It has to be clearly understood that when states give the list of officers they wish to offer for central deputation, it will be the decision of the states alone.
    • The Centre, if it wishes to have an officer work for it, can suggest so to the state. 
    •  If the state does not wish to suggest his name for deputation, the Centre should respect their views, even though they have the power under cadre rules to do so.
    • Improving working conditions for officers: The Centre has to realise that improving working conditions for officers at the deputy secretary and director levels is critical to the success of cadre management.
    • Many of the officers at this level have concerns regarding education of their children, transport and the higher cost of living in Delhi.
    • A deputation allowance for the period of deputation in Delhi could be an option.
    • Non-adversarial manner: The states also have to look at this issue in a non-adversarial manner, where needs of both the Centre and the state have to be matched and met.
    • The Centre should dispel fears of states about misuse of central power.

    Conclusion

    Proposed amendment to service rules is needed to meet shortage of personnel, but Centre must dispel states’ fears about overreach.

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  • Drop the IAS cadre rules amendments

    Context

    The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation, and has sought the views of State governments before January 25, 2022.

    Historical background of All India Services

    • It was Sardar Patel who had championed the creation of the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as “All India Services” (AIS) whose members would be recruited and appointed by the Centre and allotted to various States, and who could serve both under the State and the Centre.
    • Speaking to the Constituent Assembly on October 10, 1949, Patel said, “The Union will go, you will not have a united India if you have not a good All India Service which has the independence to speak out its mind, which has a sense of security….”.

    Central deputation of All India Service officers

    • Consultative process: AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
    • The Centre would choose officers only from among those “on offer” from the States.
    • Concurrence of the State government: The existing Rule 6(1) states that a cadre officer may be deputed to the Central Government (or to another State or a PSU) only with the concurrence of the State Government concerned.
    • However, it has a proviso which states that in case of any disagreement, the matter shall be decided by the Central Government.
    • Unfortunately, both the Centre and the States have at times flouted these healthy conventions for political considerations.

    The politicisation of the deputation process

    • In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
    • Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delay their relief after they were picked up by the Centre.
    • The proposed amendment to rule: The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation.

    Two of the four proposed amendments are disconcerting

    • 1] Providing a fixed number of IAS officers for central deputation: One is a new proviso making it mandatory for the State government to provide a certain fixed number of IAS officers for central deputation every year. 
    • The proposed amendment more or less compels a State government to offer IAS officers for central deputation even when these officers themselves may not wish to go on central deputation.
    • Reasons for shortage of  IAS officers: Poor working conditions in junior-level posts, an opaque and arbitrary system of empanelment for senior-level posts, and lack of security of tenure at all levels are the real reasons for the shortage of IAS officers, which the Centre should address.
    • 2] Requiring states to release the officer: The other is a proviso that requires the State government to release such officers whose services may be sought by the Central Government in specific situations.
    • Based on experiences of the recent past, State governments have a justified apprehension that this proviso may be misused for political considerations. 

    Issues with the proposed amendments

    • The contemplated changes have grave implications for the independence, security and morale of IAS officers.
    • Infringement of rights of States: States are right in perceiving the proposed amendments as a serious infringement of their rights to deploy IAS officers as they deem best, especially when the cutting edge of policy implementation is mostly at the State level.
    • States may prefer officers of the State Civil Services to handle as many posts as possible.
    • . In course of time, the IAS will lose its sheen, and the best and the brightest candidates will no longer opt for the IAS.
    • Against cooperative federalism: In S.R. Bommai vs Union of India (1994), the Supreme Court held that “States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre”.

    Consider the questions “What are the proposed amendments to IAS Rule 1954? What are the concerns with the proposed changes?”

    Conclusion

    In a federal setup, it is inevitable that differences and disputes would arise between the Centre and the States. But all such quarrels should be resolved in the spirit of cooperative federalism and keeping the larger national interest in mind.

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  • What is Dual Command System of Policing?

    The Dual Command System of Policing is being implemented in Bhopal and Indore.

    What is the ‘Dual Command’ System?

    • Under the dual command system, the District Magistrate and the Superintendent of Police (SP) share powers and responsibilities in a district.
    • Under this structure, the DM is entrusted with issuing arrest warrants, licenses while the SP has powers and responsibilities to investigate crime and make arrests.
    • The system is designed to ensure a lower concentration of power and making the police more accountable to the DM at the district level.

    How does the commissionerate system empower the police?

    • Under the police commissionerate system, the powers of both policing and magistracy are concentrated with the commissioner, who is directly accountable to the state government and the state police chief.
    • The commissioner of police under the commissionerate system exercises the powers and duties of a District Magistrate.
    • These powers are also available to any officer under the commissioner who is not below the rank of an Assistant Commissioner of Police.
    • The police are also empowered to conduct externment proceedings and issue written orders to remove a person from their jurisdiction of the commissionerate for a maximum of two years.

    Need for such system

    Various committees constituted to suggest police reforms have recommended implementation of a police commissioner system.

    • Rapidly urbanized cities: This is for cities which have witnessed rapid urbanization and have a population of more than 10 lakhs.
    • Better accountability: In the 6th report of the National Police Commission, it noted that as compared to police in districts, police in commissionerate in small areas had a better account of themselves.
    • Complex security threats: It further pointed out that in urban areas, the changing dynamism and growing complexities of security threats required a swift and prompt response.
    • Quick responsivity: Usually in large urban areas, law and order situations develop rapidly, requiring a speed and effective operational response from the police.
    • Avoiding delayed action: In districts where the SPs and DMs do not have an understanding, orders to swiftly act are rarely issued in time which aggravates the situation.

    Issues with the system

    • Power-sharing: There needs to be some clarity on what powers will be taken away from the revenue officers, collectors, SDMs and how it will impact the society before implementing it.

     

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  • Back in news: Central Bureau of Investigation (CBI)

    The Centre has told the Supreme Court that the CBI was an “autonomous body” and it had no “control” over the investigative agency.

    Background

    • The submission in the top court comes two days after the promulgation of an ordinance extending the tenures of the CBI Director and the Enforcement Directorate chief.
    • Attorney-General K was objecting to a suit filed by the West Bengal Government over the use of CBI.

    West Bengal vs. CBI

    • West Bengal has challenged the CBI’s jurisdiction to register FIRs and conduct investigations in the State in some cases.
    • The State had withdrawn its “general consent” to the CBI way back in 2018.

    About CBI

    • The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
    • It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
    • It then had its headquarters in Lahore.
    • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
    • The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

    Mandate of the CBI

    • The CBI is the main investigating agency of the GoI.
    • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
    • Its important role is to prevent corruption and maintain integrity in administration.
    • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
    • The CBI is also India’s official representative with the INTERPOL.

    Cases to investigate

    • Cases connected to infringement of economic and fiscal laws
    • Crimes of a serious nature that have national and international ramifications
    • Coordination with the activities of the various state police forces and anti-corruption agencies.
    • It can also take up any case of public importance and investigate it
    • Maintaining crime statistics and disseminating criminal information.

    Issues with CBI

    • Caged parrot: The Supreme Court has criticised the CBI by calling it a “caged parrot speaking in its master’s voice”.
    • Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
    • Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
    • Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Bhopal gas tragedy.
    • Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
    • Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
    • Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
    • Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.

    Way Forward

    • Need for autonomy:   As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
    • A new CBI Act should be promulgated that ensures the autonomy of CBI while at the same time improving the quality of supervision.
    • Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
    • Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
    • Bifurcation of Cadre: CBI should be bifurcated into an Anti-Corruption Body and a National Crime Bureau.
    • Develop own cadre: One of the demands that have been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
    • Annual social audit should be carried out by ten reputed, knowledgeable persons with background of law, justice, public affairs and administration and the audit report should be placed before the parliament.

     

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  • Gujarat grants Parole to Prisoners as Diwali gift

    The Gujarat government has decided to grant 15-day parole to prisoners above 60 years of age and women prisoners, except those booked in serious offences, as a ‘Diwali gift’.

    What is Parole?

    • Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
    • Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
    • Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.

    How is it different from Furlough?

    • Furlough may be granted without any specific reason after a convict spends a stipulated number of years.
    • It is a matter of right although cannot be claimed as an ‘absolute legal right’.

    Is ‘parole as Diwali gift’ an extraordinary move?

    • The state governments often take a compassionate view on applications for parole during festivals of Diwali, Rakshabandhan, etc.
    • The legislature/politicians do not have direct powers to grant parole on suo-motu cognizance.
    • The announcement only indicates that prisoners will have to make applications to the authorities concerned, which in turn will be considered with leniency and expeditiously.
    • The applications will, however, be subject to scrutiny and the prisoners’ conduct and gravity of their offence.

    Who can opt for parole and how?

    • The provision of parole is available to convicts found guilty by a court and such a prisoner.
    • The prisoner’s relative/legal aid may submit an application to the prison superintendent.
    • He/she in turn forwards the application to the ‘competent authority’, often under the jurisdiction of district magistrate concerned and comprising prison and police authorities, to sanction release.
    • After due verification of reasons and prisoner’s conduct by the competent authority, an order for grant of release on parole will be issued.
    • In case of rejection of the said application, a convict may approach the High Court.

    Duration of Parole

    • The Prison rules state that parole period may be granted for not more than 30 days.
    • The competent authority may exercise its discretion in case of serious illnesses or death of “nearest relative such as mother, father, sister, brother, children, spouse of the prisoner, or in case of natural calamity.”
    • Parole or extension of parole cannot be granted without a report of the police
    • Apart from the remedy to approach a high court for parole in case of a rejected application, a prison can also approach the high court directly in case of an extraordinary emergency.

     

    Try this PYQ from CSP 2021:

    Q. With reference to India, consider the following statements:

    1. When a prisoner makes a sufficient case, parole cannot be out denied to such prisoner because it becomes a matter of his/her right.
    2. State Governments have their own Prisoners Release on Parole Rules.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”jzwsmaz3ng” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Gatekeeper Model to prevent suicides in prisons

    In a bid to prevent suicides triggered by mental health issues in prisons across the country, the National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru, has recommended the “Gatekeeper Model”.

    What is the ‘Gatekeeper Model’?

    • It is a model where selected inmates, trained to identify prisoners at risk of suicide, would refer them to treatment or supportive services.
    • Prisoners with mental disorders will be regularly assessed for the severity of the suicidal risk and also put on regular and supervised medication.
    • To address the prisoner’s mental health needs, the correctional facility would have links to community-based initiatives like the District Mental Health Programme.

    Buddy system

    • The concept of a ‘Buddy System’ — social support through trained prisoners called “buddies” or “listeners” — was found to have a good impact on the well-being of suicidal prisoners.
    • Periodic telephone conversations with friends and family would also foster support.

    Why such a move?

    • Emphasizing the mental health of prisoners, the Ministry said incarcerated people could face many vulnerabilities during the pandemic, which might impact their mental wellbeing.
    • The prison staff was also working under tremendous pressure and faced challenges in performing their duty while safeguarding themselves from contracting the infection.