Context of the Question • In the Prakash Singh case, Supreme Court
opined that to select the DGP of a state, the State Government shall
send the list of the eligible officers to UPSC and UPSC will send the
three names out of which the State Government can choose anyone of the
three as the DGP of the state. • Recently, Bihar, Kerala and other
states went to the SC for review of the decision in ‘Prakash Singh
case’ but was rejected by the SC.
How is this an Attack on the Federal Structure? 1.
Law & Order is a state subject and the UPSC chairman and other
members are selected by Union Government. If the opposition party
government is in the state then Centre can interfere with the
appointment process through the UPSC which is against the federal ethos
of the constitution. 2. The people of the state holds the Government
of state accountable for law & order issues during state elections,
but when the top boss of the Police is selected via UPSC, the state
Government will be punished for the law & order situation with its
minimal involvement in the selection process of the top boss of Police.
Why Supreme Court framed this Law? Most
of the DGP appointments were being done by the State Government on the
basis of Caste, Religion and more on the relationship with the Chief
Ministers which was leading to compromise on the meritocracy and finally
morale of the police. To say that Supreme Court has encroached upon the
legislative space of Government is not appropriate as the Government of
the States failed to make law for the fair appointment of the Police