Delhi Chief Minister Arvind Kejriwal sat on a dharna asking for action against some policemen since law and order does not fall under the state government. Prakash Singh, former director general of police, Border Security Force, Assam and Uttar Pradesh, speaks to Veenu Sandhu about resolving this tussle.
There have been repeated demands, first from the Sheila Dikshit government and now from the Arvind Kejriwal-led Aam Aadmi Party, to place the Delhi police under the Delhi government. Should this be done? And, can this be done?
Under the existing clauses in the Constitution, this is not possible. While law and order is a state subject, the Delhi Assembly, and therefore the Delhi government, is barred by Article 239AA(3)(a) from passing laws on three subjects, which include police and public order. The Delhi police commissioner reports to the lieutenant governor who is in charge of matters relating to police and public order, which are under the purview of the Union home ministry.
Now, this is a technical view. There is also a practical view to the issue. Delhi is, for all practical purposes, a state with a sizeable population, a good percentage of which is educated. It has its own problems. And then, law and order is a state subject. In the light of this, the demand for putting the Delhi police under the Delhi government has a certain degree of legitimacy.
Then again, there are complications because along with being a state capital, Delhi is also the national capital. Several events of national importance are held here. Take the Republic Day, for example, when the defence forces - the army, air force and navy - are out. There is also the international dimension. All the embassies and high commissions are here. And you have foreign dignitaries and VVIPs visiting practically throughout the year.
This being so, it would not be desirable to have a situation where the state government and the government at the centre are not on the best of terms. It can create embarrassment for Delhi, for the Centre and for the visiting dignitary and have international ramifications.
Is there a solution to this issue which gets magnified every time a major crime takes place in Delhi?
There is a practical solution to this seemingly complicated situation. Certain sensitive areas of the capital, like Lutyens' Delhi and Chanakyapuri where the embassies are located, can be demarcated and placed under a special police commissioner. Let's look at it in another way. How is the home ministry interested if there is a rape in Paharganj, a murder in Subzi Mandi or a burglary in Green Park? These aren't issues that will concern or occupy the time of the home ministry. So, the security and policing issues of areas which are not sensitive with regard to national or international issues can be placed under the Delhi government. And the ministry can keep the sensitive areas under its control.
There can be such a power-sharing arrangement and a jurisdictional demarcation between the Delhi government and the centre. This will also keep the chief minister of Delhi busy. Once this happens, the state government will realise how full its hands are. As of now, everybody thinks that the Delhi police is some kind of a lollipop which they should have in their hand. A power-sharing arrangement such as this will also satisfy the democratic aspirations of the people.
Has such a power-sharing arrangement ever been considered?
For the last five or 10 years, Dikshit had been raising this issue every now and then. But nothing really came out of it. I don't think any committee has ever been set up to even consider such a demand, let alone go into the details of its merits and disadvantages.
If, at any point, there were signs of a political will to consider putting the Delhi police under the state government, what will it entail and how much time would such a process take?
Oh, it will take time. A committee will have to be set up to study the consequences of taking such a major step. And it will have to look into ways to go about it. Amending the Constitution is also not that simple.
This tug-of-war between the Delhi government and centre has been going on for a long time. Why do you think there has been no workable, practical and necessary solution to the issue?
While a power-sharing arrangement is the best way out, the reality is that in India everyone wants to hold on to whatever power he has. Call it a feudal mindset - a zamindari mentality. Why is it that when there is a major crime in Delhi, nobody protests against the home ministry which controls the Delhi police? Why does everybody target the Delhi police and protest outside the police headquarters, or against the Delhi government?
Do you see the centre even considering the Delhi government's demand?
At this point, no. If the level of distrust between the chief minister and the central government is as high as it is today, this would be too sensitive an area to venture into. It's highly unlikely that the demand would even be considered.
