Which of the following observed that “During the emergency the executive, for its political ends, has used the police” ?

Correct option is A

The Shah Commission is one of the most significant commissions in Indian history, formed to investigate the excesses and abuses of power during the Emergency (1975-1977) imposed by then-Prime Minister Indira Gandhi.

Background :-

• The Emergency was declared on June 25, 1975, under Article 352 of the Indian Constitution, citing "internal disturbance."

• During this period, civil liberties were suspended, political opponents were arrested, and censorship was imposed on the press.

• After the Emergency was lifted in March 1977 and the Janata Party came to power, the new government set up the Shah Commission to investigate the misuse of authority during the Emergency.

Formation of the Shah Commission

• The commission was headed by Justice J.C. Shah, a former Chief Justice of India.

• It was established in May 1977 under the Commissions of Inquiry Act, 1952.

• The commission's mandate was to investigate:

  • The circumstances leading to the declaration of the Emergency.

  • The misuse of power by the government and its officials.

  • The role of the police and other agencies in suppressing dissent and enforcing authoritarian measures.

Information Booster:

• The Shah Commission was headed by Justice J.C. Shah.

• The Emergency was declared by then-Prime Minister Indira Gandhi in 1975, leading to widespread censorship, arrests of opposition leaders, and curtailment of civil liberties.

• The commission's report was critical of the government's actions but was later dismissed by the Janata Party government in 1979.

2. Ribeiro Committee

• Purpose: The Ribeiro Committee was formed in 1998 to review the functioning of the National Police Commission and suggest reforms to improve the police system in India.

• Key Recommendations:

  • Emphasized the need for police accountability and transparency.

  • Recommended the establishment of State Security Commissions to ensure that state governments do not misuse the police for political purposes.

  • Advocated for the separation of investigation and law and order functions of the police.

  • Suggested measures to improve the working conditions and morale of police personnel.

• Significance: The committee's recommendations were aimed at reducing political interference in police functioning and improving public trust in the police system.

3. National Police Commission (NPC)

• Purpose: The National Police Commission was set up in1977to examine the role and performance of the police in India and suggest reforms.

• Key Recommendations:

  • Recommended the establishment of State Security Commissions to insulate the police from political interference.

  • Advocated for the enactment of a new Police Act to replace the outdated Police Act of 1861.

  • Suggested measures to improve police accountability, such as setting up independent complaints authorities.

  • Emphasized the need for better training, infrastructure, and working conditions for police personnel.

• Significance: Despite its comprehensive recommendations, most of the NPC's suggestions were not implemented, leading to continued issues of politicization and inefficiency in the police system.

4. Malimath Committee

• Purpose: The Malimath Committee, officially known as the Committee on Reforms of Criminal Justice System, was formed in 2000 to suggest reforms in the criminal justice system in India.

• Key Recommendations:

  • Recommended the adoption of a mixed system of justice, combining elements of the adversarial system (currently followed in India) and the inquisitorial system (followed in countries like France).

  • Suggested the establishment of a National Judicial Commission to oversee the appointment and accountability of judges.

  • Proposed the creation of a Victim Compensation Fund to provide financial assistance to victims of crime.

  • Advocated for the introduction of fast-track courts to expedite the disposal of cases.

• Significance: The committee's recommendations aimed at making the criminal justice system more efficient, victim-centric, and less prone to delays. However, many of its suggestions remain unimplemented.