·The Hindu·15 marks·250–350 words

Police accountability in India remains largely internal and opaque. Critically analyse with reference to recent Supreme Court-monitored inquiries.

In this answer
  1. Why accountability stays internal and opaque
  2. Judicially monitored inquiries as a corrective
  3. But the judicial route has its own opacity

Police accountability means answerability for the use of coercive power. In India it flows mainly through departmental channels, with external scrutiny arriving late, case-by-case and through courts — a pattern the Supreme Court's 2026 High-Powered Enquiry Committee on the Jantar Mantar police action both illustrates and tests.

Why accountability stays internal and opaque

  • Departmental dominance: complaints against police are usually inquired into by the police hierarchy itself, leaving the investigator and the investigated within one chain of command [1].
  • Weak external mechanism: Prakash Singh v. Union of India (2006) directed Police Complaints Authorities at State and district level; though most States/UTs report having constituted them, the Parliamentary Standing Committee flagged that their composition is often not independent of the police [1][2].
  • Limited disclosure: findings of internal inquiries are rarely published, so the public gets an outcome without a record.

Judicially monitored inquiries as a corrective

  • Using its power under Article 142 to do complete justice, the Court constituted a five-member panel headed by Justice R. Subhash Reddy to examine both alleged police excesses and alleged violence against personnel on 20 July 2026 [3].
  • Mixing retired judges with a former CBI Director and a retired DGP supplies the operational literacy needed to read control-room logs and detention registers [3].

But the judicial route has its own opacity

  • Unlike a statutory Commission of Inquiry under the Commissions of Inquiry Act, 1952, whose report is normally laid before the legislature, a court-appointed panel reports only to the Court; publication remains discretionary [4][3].
  • The Court dismissed conflict-of-interest objections to the panel as "conjecture and preconceived notions" [3] — defensible at a premature stage, yet it shows that credibility rests on the members' standing rather than on a disclosed rule of composition.
  • Being ad hoc, such panels substitute for, rather than build, standing institutions.

Judicial monitoring is therefore a valuable corrective but not a substitute for routine accountability. Time-bound inquiries with published findings, genuinely independent Police Complaints Authorities, and a standing rule barring members drawn from the force under examination would move accountability from episodic judicial rescue to institutional practice — the real promise of Prakash Singh [1].

Sources

  1. 1PRS Legislative Research — *Police Reforms in India* (analytical report)internal complaint-handling within the police hierarchy; *Prakash Singh* (2006) directions on Police Complaints Authorities
  2. 2PRS Legislative Research — Standing Committee report summary, *Police Training and Reforms*most States/UTs have constituted PCAs, but their independence from the police is questioned
  3. 3Supreme Court of India — order of 16 September 2026 declining reconstitution of the High-Powered Enquiry Committee (CJP protest matter)five-member panel headed by Justice R. Subhash Reddy; dual mandate on police excess and violence against personnel; "conjecture and preconceived notions"; panel constituted to assist the Court
  4. 4The Commissions of Inquiry Act, 1952 — India Codestatutory commissions are government-appointed and their reports are normally placed before the legislature

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