In India, police and law and order come under the purview of state governments.[1]  Accordingly, each state has its own police force for maintaining law and order and investigating crimes.  However, due to financial and other constraints, states have critical gaps in their policing infrastructure.2  Figure 1 shows the expenditure by states on police, as a percentage of their total budget.  In 2015-16, Manipur spent the highest proportion of its state budget on police, followed by Punjab and Jammu and Kashmir.

Figure 1: Police Expenditure as a proportion of total state budget

Fig 1

Note: Figure does not include data for union territories.
Sources: Data on Police Organisations, Bureau of Police Research and Development, 2016; PRS.

 

The Ministry of Home Affairs has been supplementing resources of states under the Modernisation of Police Forces (MPF) scheme.[2]  The Union Cabinet last week approved the implementation of an umbrella scheme of MPF and has allocated funding of Rs 25,060 crore for the 2017-18 to 2019-20 period.[3]  In light of this decision, we present the key features of the scheme and examine other issues related to the police forces.

Modernisation of Police Forces scheme

The MPF scheme was initiated in 1969-70 and has undergone several revisions over the years.2  It was allocated Rs 11,946 crore for the period between 2012-13 to 2016-17, which has now been doubled after last week’s Cabinet approval.[4]  Funds from the MPF scheme are typically used for improving police infrastructure through construction of police stations and provision of modern weaponry, surveillance and communication equipment.  Upgradation of training infrastructure, police housing and computerisation are also important objectives funded through the scheme.

Following the recommendations of the Fourteenth Finance Commission, to increase the share  of central taxes to states, it was decided that the MPF scheme would be delinked from central funding from 2015-16 onwards.[5]  States were expected to finance the scheme using their own resources.  However, of the recent allocation made by the Cabinet, Rs 18,636 crore will come from the central government and Rs 6,424 crore will come from the states.3  This implies that the centre will fund almost 75% of the scheme.

Underutilisation of Funds

Data from the Bureau of Police Research and Development (BPR&D) shows that funds have not been fully utilised under the MPF scheme.  In the year 2015-16, out of a total grant of Rs 9,203 crore that was made available for modernisation, states utilised only Rs 1330 crore (14%).[6]

Figure 2 shows the trend in underutilisation of modernisation funds from 2009-10 to 2015-16.  Over this period, there has been a consistent underutilisation of funds by states.  On average, states spent 55% of the funds allocated to them, with the highest being 86% utilisation in 2013-14.

Figure 2: Utilisation of funds for modernisation by states (%)

Fig 2

Sources: Data on Police Organisations, Bureau of Police Research and Development, 2016; PRS.

 

Issues related to police forces

While the MPF scheme seeks to improve police infrastructure, there are a number of structural issues that have been raised by experts over the years related to police forces.  We discuss a few of these below.

(i) Overburdened police force

Apart from the core function of maintaining law and order, police personnel carry out various other functions such as traffic management, disaster rescue and removal of encroachments.  The Second Administrative Reforms Commission (2007) has noted that these extra obligations lead to overburdening of the police force.  It recommended that these functions should be carried out by other government departments or private agencies.[7]  Note that as of January 2016, 24 per cent of sanctioned police posts in India were vacant.6   This indicates that police personnel may be overburdened, which may have negative consequences on their efficiency and performance.

(ii) Poor quality of investigation

In 2015, the conviction rate for crimes recorded under the Indian Penal Code, 1860 was only 47%.[9]  The Law Commission (2012) observed that one of the reasons for low conviction rates in India is poor quality of investigation by police.[8]  The police lack training and expertise required to conduct professional investigations.  They also have insufficient legal knowledge and inadequate forensic and cyber infrastructure.  In light of these deficiencies, the Second Administrative Reforms Commission (2007) recommended that states should have specialised investigation units within the police force for better investigation of crimes.7

(iii) Police accountability

In India, control over the police force vests with the political executive.[10]  The Second Administrative Reforms Commission (2007) noted that this has to led to abuse of police personnel and interference with their decision-making authority.7 To allow the police operational autonomy while maintaining accountability, the Supreme Court issued guidelines to the central government and state governments (and Union Territories) in the year 2006.[11]

The guidelines provided for the establishment of three institutions: (i) a State Security Commission, (ii) a Police Establishment Board, and (iii) a Police Complaints Authority.11  The Supreme Court also stated that the state Director General of Police (DGP) should be selected from three senior-most officers of the state empanelled by the Union Public Service Commission and must have a minimum two-year tenure.

In addition, the court recommended that officers in key positions in the field (Inspector General in charge of Range, Station House Officer) must be given a two-year tenure. Currently, DGPs and senior officers are selected by the political executive of the state and are not guaranteed security of tenure.[10]   In order to improve the quality of investigation, the Court recommended that investigating police must be separated from law and order police.11

These guidelines and recommendations of other expert bodies were used to create the draft Model Police Bill, 2015 by BPR&D, which states have been encouraged to adopt.  While states have partially implemented some of these guidelines, no state has adhered to them in full.[12]  In most states, the three institutions which the Supreme Court has directed states to create have not been given the authority they need to ensure accountability and insulate the police force from political misuse.12

[1]Entry 1 and 2, List II, Schedule 7, Constitution of India, 1950.

[2] Modernisation of Police Force Scheme Book, Ministry of Home Affairs, 2010 http://mha.nic.in/sites/upload_files/mha/files/Scheme-MPF-11Nov.pdf.

[3] “Cabinet approves umbrella scheme of Modernisation of Police Forces”, Press Information Bureau, 27th September 2017.

[4] Annual Report, Ministry of Home Affairs, 2015-16, http://mha.nic.in/sites/upload_files/mha/files/AR(E)1516.pdf.

[5] “Major  Programmes Under Central Assistance for State Plans”, Union Budget, 2015-16 http://indiabudget.nic.in/budget2015-2016/ub2015-16/bag/bag8.pdf.

[6] “Data on Police Organisations”, Bureau of Police Research and Development, 2016, http://bprd.nic.in/WriteReadData/userfiles/file/201701090303068737739DATABOOK2016FINALSMALL09-01-2017.pdf.

[7] “Public Order”, Second Administrative Reforms Commission, 2007, http://arc.gov.in/5th%20REPORT.pdf.

[8] “Report No. 239: Expeditious Investigation and Trial of Criminal Cases Against Influential Public Personalities”,  Law Commission of India, March 2012, http://lawcommissionofindia.nic.in/reports/report239.pdf.

[9] “Crime in India”, National Crime Records Bureau, 2006-15 http://ncrb.nic.in/StatPublications/CII/CII2015/FILES/Compendium-15.11.16.pdf.

[10] Section 3, Police Act, 1861.

[11] Prakash Singh vs Union of India, Supreme Court, Writ Petition (Civil) No. 310 of 1996, November 8, 2010.

[12] “Building Smart Police in India: Background into the needed Police Force Reforms”, Niti Aayog, 2016, http://niti.gov.in/writereaddata/files/document_publication/Strengthening-Police-Force.pdf.

By Rohit & Anirudh A modified 'Modernization of State Police Forces' scheme was started by the central government in 2000-01. One of the objectives was to help police forces in meeting the emerging challenges to internal security in the form of terrorism, naxalism etc. The scheme aims to modernize police forces in terms of:

  • Mobility (including purchase of bullet proof and mine proof vehicles)
  • Weaponry
  • Communication Systems
  • Training
  • Forensic Science Laboratory/ Finger Printing Bureau
  • Equipments
  • Buildings

Under this scheme, States have been clubbed into different categories and Centre-State cost sharing is category specific. Since 2005-06, States have been categorized as category ‘A’ and ‘B’ with 100% and 75% Central funding respectively. All the North Eastern States, namely Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim have been placed in category ‘A’ and thus, are entitled to receive 100% Central assistance for implementation of their annual approved plans. Recently, CAG decided to evaluate the working of the scheme and commissioned ‘performance audit’ reviews covering select general category and special category States. Each review covers a contiguous five year period between 2000 and 2007, but varies across selected states. For the periods under review, each state had a plan outlay (the total amount proposed to be spent in modernizing the state's police forces). However, in most cases, the actual release of funds fell significantly short of this outlay - in some cases the Centre did not contribute its share, in others the States lagged behind. For instance, in the case of Bihar, the Centre released only 56% of its share; while in the case of Rajasthan and West Bengal, the States did not release any funds at all. The graph below shows the actual releases by the Centre and the States (as percentages of their share in the proposed outlays): Further, even the funds that were released were not fully utilized. Thus, the amount finally spent fell significantly short of the initial proposal. The graph below shows the actual expenditure by State: Following are some of the other main findings from the CAG report:

Table 1: Summary of main findings in the CAG audit for different states for Modernisation of State Police Forces

Purpose for which money was sanctioned

Summary of CAG Findings

Planning

(Every state has to propose an Annual Action Plan every year. The plan is approved by the Ministry of Home Affairs and money is released as per the plan.)

§ Submissions by the states to the MHA were delayed.

§ There were also delays in the clearance granted by the MHA.

§ In various states such as,

a) Andhra Pradesh – the government spent money on works not covered by the Annual Action Plan.

b) Bihar – Persistent delays in preparation of the Plan by the state police.

c) West Bengal – the plans drawn up by the state did not include items covered under the scheme.

Mobility

§ Overall shortage of vehicles was observed. Most of the new vehicles replaced the old ones.

§ The police response time was too long in some states.

§ To give examples from some states:

a) Andhra Pradesh – 58 percent of vehicles procured were utilised for replacing old vehicles.

b) Bihar – the shortage of vehicles was 43 percent.

c) Uttar Pradesh – 2400 vehicles were procured against a shortage of nearly 10,000 vehicles.

Residential and non-residential buildings

§ There were considerable delays in construction of buildings in most states. Consequently, police forces’ own security was in jeopardy.

§ In states such as:

a) Andhra Pradesh – 53 percent of staff quarters and 43 percent of official buildings were not completed (2007).

b) Bihar – The total requirement of housing was nearly 60,000. Only six percent of this were included in the Plan.

c) Jharkhand – District Control rooms remained non-functional because of shortage of manpower.

Weapons

§ Police force in states continue to depend on outdated weapons.

§ Shortages of weapons also happened as acquisition from ordnance factories was very slow.

§ The weapons that were procured were mostly kept in the district headquarters.

§ In some states such as,

a) Bihar – AK-47s were kept at the disposal of bodyguards of VIPs.

b) West Bengal – Adequate weapons were not supplied to extremist prone police stations.

Communication

§ Police Telecommunication Networks were not set up successfully in some states. In others, network was functional only up to the district level.

§ Shortages of various communication equipments were also observed.

§ In some states such as,

a) Bihar - The Police Telecommunication Network system (costing Rs. 4.96 crore) remained non-functional due to non-construction of tower.

b) Maharashtra – Of the 850 purchased Remote Station Units, 452 were lying in stores.

Forensic Science Laboratory/ Finger Printing Bureau

§ In most States the Forensic Science Laboratories lacked adequate infrastructure.

§ In the absence of automatic finger print identification systems, investigation was being done manually in some States.

§ In some states such as,

a) Maharashtra - There were significant delays in receipt and installation. There was also shortage (284 vacant posts) of technical manpower.

b) West Bengal - Performance of the Forensic Science Laboratory was poor and in some cases, the delay in issue of investigation reports was as high as 45 months.

Training

§ It was observed that the percentage of police personnel trained was very low.

§ Training infrastructure was also inadequate.

§ In some states such as,

a) Bihar - Only 10 per cent of total force was trained.

b) West Bengal - Live training was not imparted for handling useful weapons and this severely affected the performance of police forces.

Sources: CAG Compendium of Performance Audit Reviews on Modernisation of Police Force; PRS.

Note: The audit has been done broadly from 2000 to 2007. Consequently, the period of audit for different states may vary.

Table 1: Summary of main findings in the CAG audit for different states for Modernisation of State Police Forces

Purpose for which money was sanctioned

Summary of CAG Findings

Planning

(Every state has to propose an Annual Action Plan every year. The plan is approved by the Ministry of Home Affairs and money is released as per the plan.)

§ Submissions by the states to the Ministry of Home Affairs (MHA) were delayed.

§ There were also delays in the clearance granted by the MHA.

§ In various states such as,

a) Andhra Pradesh – the government spent Rs 32 crore on works not covered by the Annual Action Plan.

b) Bihar – Persistent delays in preparation of the Plan by the state police.

c) West Bengal – the plans drawn up by the state did not include items covered under the scheme.

Mobility

§ Overall shortage of vehicles was observed. Most of the new vehicles replaced the old ones, and no additions were made.

§ The police response time was too long in some states.

§ To give examples from some states:

a) Andhra Pradesh – 58 percent of vehicles procured were utilised for replacing old vehicles.

b) Bihar – the shortage of vehicles was 43 percent.

c) Uttar Pradesh – 2400 vehicles were procured against a shortage of nearly 10,000 vehicles. 203 ambassador cars were procured, though only 55 were approved by the MHA.

Residential and non-residential buildings

§ There were considerable delays in construction of buildings in most states. Consequently, police forces’ own security was in jeopardy. Satisfaction levels with the housing provided were also very low.

§ In states such as:

a) Andhra Pradesh – 53 percent of staff quarters and 43 percent of official buildings were not completed (2007).

b) Bihar – The total requirement of housing was nearly 60,000. Only six percent of this were included in the Plan, and only 1045 units were completed by 2006.

c) Jharkhand – District Control rooms remained non-functional even after spending Rs 2 crore because of shortage of manpower.

Weapons

§ It was observed that the police force in states continue to depend on outdated weapons.

§ Shortages of weapons also happened as acquisition from ordnance factories was very slow.

§ The weapons that were procured were mostly kept in the district headquarters.

§ In some states such as,

a) Bihar – AK-47s were kept at the disposal of bodyguards of VIPs.

b) West Bengal – Adequate weapons were not supplied to extremist prone police stations.

Communication

§ Police Telecommunication Networks were not set up successfully in some states. In others, network was functional only up to the district level.

§ Shortages of various communication equipments were also observed.

§ In some states such as,

a) Bihar - The Police Telecommunication Network system (costing Rs. 4.96 crore) remained non-functional due to non-construction of tower.

b) Maharashtra – Of the 850 purchased Remote Station Units, 452 were lying in stores.

Forensic Science Laboratory/ Finger Printing Bureau

§ In most States the Forensic Science Laboratories lacked adequate infrastructure.

§ In the absence of automatic finger print identification systems, investigation was being done manually in some States.

§ In some states such as,

a) Maharashtra - There were significant delays in receipt and installation. There was also shortage (284 vacant posts) of technical manpower.

b) West Bengal - Performance of the Forensic Science Laboratory was poor and in some cases, the delay in issue of investigation reports was as high as 45 months.

Training

§ It was observed that the percentage of police personnel trained was very low.

§ Training infrastructure was also inadequate.

§ In some states such as,

a) Bihar - Only 10 per cent of total force was trained.

b) West Bengal - Live training was not imparted for handling useful weapons and this severely affected the performance of police forces.

Sources: CAG Compendium of Performance Audit Reviews on Modernisation of Police Force; PRS.

Note: The audit has been done broadly from 2000 to 2007. Consequently, the period of audit for different states may vary.