IASbhai Daily Editorial Hunt | 30th Sep 2020
“Spread love everywhere you go.”— Mother Teresa
EDITORIAL HUNT #164 :“IAS Vs IPS on the Table of Bureaucracy | UPSC“
IAS Vs IPS on the Table of Bureaucracy | UPSC
Mukul Sanwal has served as District Magistrate in Uttar Pradesh, in Almora, Dehradun and Agra
A demarcation in the interest of public order
The role of the District Magistrate needs to be clearly differentiated from the role of the Police Commissioner
SYLLABUS COVERED: GS 2 : Bureaucracy : Governance
Riots essentially result from failure to maintain public order. Comment -(GS 2)
- Riots and administration
- Administrative lags
- Need for a policy check.
- FAVOURITISM : Responding to criticism of partisanship,Police Commissioner rightly pointed out that the criminal justice system, with its inherent checks and balances, be allowed to work.
- OTHER PERSPECTIVE : Community-wide protest is not itself a crime and Delhi Police, having magisterial powers under the Criminal Procedure Code to take preventive action, failed to maintain public order.
- DISTINCTION BETWEEN INDEPENDENT ACTIONS : District Magistrate needs no political clearance to maintain public order and by the police to investigate crime and make arrests, was ignored.
- LACK OF ACTION : Though any death opens the door to an inquiry, there is no justification for lack of effective police action.
- PREVENTING EXPLOITATION : District Magistrate is expected to consider protest as legitimate, leveraging governmental action to prevent others exploiting the grievance.
- INITIAL STAGE : Absence of immediate arrests leads to a riot and dithering on ordering firing results in its spread.
COURT DISTINCTION, CONCEPTS
- CLEAR DISTINCTIONS : The Supreme Court has made a distinction between law and order, relating to individual crime, and public order, pertaining to a community at large.
- INDISTINGUISHABLE : The top court has also emphasised that the two terms are not interchangeable.The two concepts have different objectives and legal standards.
- LAW AND ORDER : It consists of the analysis made by police of the situation in an area and their commitment to firm action and penalties under criminal law.
- EXCEPTIONAL SITUATIONS : The District Magistrate’s role is important in exceptional situations — for example, to prevent a breach of peace at a particular place .
- DUAL ROLES : If an official is allotted a dual role, to both keep in place law and order and maintain public order, this could lead to the displacement of one goal in favour of the other.
- SPECIFIC GUIDELINES : The Supreme Court has formulated certain guidelines and rules when it comes to these distinct duties.
CONCERNS,CONCEPTS AND VERDICTS
- THE DEGREE OF REACH : The first concerns the degree and extent of the reach of an act on society.
- Some agitated people going on a vandalising spree affect “public order” only when they affect a particular community as a whole.
- RAM MANOHAR LOHIA VS. STATE OF BIHAR, IN 1965 : The Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action.
- MADHU LIMAYE CASE : The Bench reiterated that “the emergency must be sudden and the consequences sufficiently grave” for an imposition of restrictions.
- EXTENSION OF EMERGENCY : A restriction over a larger territorial area or for a longer duration requires a relatively higher justification and calibrated response.
- ANURADHA BHASIN VS. UNION OF INDIA : The Supreme Court held that prohibitive orders should not prevent legitimate expression of opinion, or grievance or exercise of democratic rights.
- DETAILING EMERGENCY : Specific restrictions have to be tailored to the goal, nature and stage of the emergency, requiring the adoption of the least restrictive measure.
- ALDANISH REIN VS STATE OF NCT OF DELHI : The High Court directed the setting up of an oversight mechanism to periodically review the exercise of magisterial powers by Delhi Police.
WILL NEED POLICY RETHINK
- JUDICIAL REVIEW : Review of roles and proportionality of decisions for maintaining public order, to check whether they are the least intrusive measure, requires a policy rethink if such duties need to be delegated to the police.
- REDRESSAL MECHANISM : Prevention through grievance redress and reliance on the least blunt instruments are critical for legitimacy, eschewing an adversarial view.
- OVERALL PERSPECTIVE : The National Police Commission also recognises the coordinating role of the District Magistrate, having more leverage than the police.
Kerala has both a District Magistrate responsible for public order and a senior police officer as city Police Commissioner focusing on crime.
SOURCES: THE HINDU EDITORIAL HUNT | IAS Vs IPS on the Table of Bureaucracy | UPSC