Removal of J&K DGP

Why in news?

Jammu and Kashmir governor recently approached the Supreme Court seeking “modification” of its order regarding the appointment and removal of DGP by the states.

What happened in J&K?

• State Assembly of J& K was suspended in June 2018 and subsequently Governor’s rule was imposed.
• The Governor administration in J&K recently removed Director General of J&K Police (Law & Order) and posted him as Transport Commissioner.
• The administration says this was done due to certain emergent circumstances.
• Also, DGP-Prisons of the state was made to hold the charge as acting DGP till regular arrangement is made.

What does the recent SC ruling imply?

• The SC recently passed an order on appointment and removal of DGP in accordance with its 2006 judgment in Prakash Singh vs Union of India which reads as follows.
• Appointment - All the States should send their proposals to the UPSC in anticipation of the vacancies to the post of DGP.
• This has to be done at least three months prior to the date of retirement of the incumbent DGP.
• The UPSC will prepare the panel, wherein merit and seniority should be given due weightage.
• States should immediately appoint one of the persons from the panel prepared by the UPSC.
• However, no states should appoint any person on the post of DGP on acting basis, as there is no concept as such as per the decision in Prakash Singh’s case.
• Tenure - It has to be ensured that the person who was selected and appointed as the DGP continues despite his date of superannuation (retirement).
• However, some states have adopted a practice to appoint the DGP on the last date of retirement as a consequence of which the person continues for two years after his date of superannuation.
• Hence, the extended term beyond the date of superannuation should be a reasonable period.
• Also, UPSC could consider people who have got clear two years of service left in the office.
• Removal - The State government should consult with the State Security Commission and the removal can be done under –

1. the All India Services (Discipline and Appeal) Rules
2. conviction in a court of law in a criminal offence
3. a case of corruption
4. incapacitation from discharging his duties”.

What are the concerns in J&K?

• The government did not explain the “pressing urgency” and the “emergent circumstances” that led to its move.
• It also has not registered any case that could have been cited as a reason for the removal.
• Yet, it has submitted a panel of five officers to UPSC, since the removal.

Source: The Indian Express

Quick Facts

Governor’s rule in J&K

• Normally, President's Rule is imposed after collapse of the state government under Article 356 of the Constitution.
• But J&K has its own separate Constitution that provides for an intermediary statutory layer in the state.
• As per Article 92 of the Jammu and Kashmir Constitution, Governor's Rule is imposed in the state for a period of six months.
• The assembly remains under suspended animation during this period.
• It means the elected MLAs remain in office and legislative assembly continues to exist without the power of legislation.
• The governor assumes the power of legislation during this period.
• Meanwhile, the governor has the power to dissolve the assembly.
• Only if the assembly hasn’t been revoked even after 6 months, J&K comes under the President's Rule as per Article 356.