·The Hindu·15 marks·250–350 wordsPolityIR

Policing is primarily a state subject under the Constitution. Discuss the challenges in enforcing a Supreme Court-mandated uniform protocol on police conduct across states.

In this answer
  1. Federal design limits operational reach
  2. Poor record of earlier judicial directives
  3. Capacity and training deficits
  4. Weak accountability machinery

Public order and police are Entries 1 and 2 of the State List, Seventh Schedule, making police organisation, training and field conduct a state responsibility [1]. The Supreme Court's move (July 2026) to frame an all-India protocol on police handling of demonstrations [3] is therefore constitutionally sound but institutionally difficult to enforce.

Federal design limits operational reach

  • A judicial protocol binds all states, but its execution — standing orders, drill manuals, crowd-control equipment, deployment norms — rests with individual state governments [1].
  • The Union Home Ministry's role is largely advisory and financial (modernisation assistance, model police legislation), not directive [5].
  • States retain discretion over prohibitory orders and dispersal decisions, the very points where excesses occur.

Poor record of earlier judicial directives

  • The Prakash Singh (2006) directions — security of tenure, Police Establishment Boards, Police Complaints Authorities — remain unevenly implemented; the Court is still monitoring compliance in WP(C) 310/1996 nearly two decades later [2].
  • Several states enacted their own Police Acts that diluted the mandated safeguards, showing how uniform norms fragment on entering state statute books.

Capacity and training deficits

  • State forces carried roughly 24% vacancies, leaving crowd situations to overstretched personnel [1].
  • About 86% of state police is constabulary, with limited career progression and little specialised training in non-lethal crowd management [1] — a protocol cannot be followed by forces not trained for it.

Weak accountability machinery

  • Protest policing is discretionary and evidence-poor; without mandatory videography and independent inquiry into complaints of excess, a protocol lacks teeth.
  • Amit Sahni (2020) required balancing protest with public convenience, yet left enforcement largely to police discretion [4].

The difficulty, then, is institutional rather than constitutional. A protocol co-designed with states through the Inter-State Council, supported by BPRD-standardised crowd-control training, periodic compliance affidavits and independent scrutiny of excess complaints, can make uniformity workable — securing Article 19 freedoms without disturbing the federal scheme.

Sources

  1. 1PRS Legislative Research — Police Reforms in Indiapolice as a State subject; ~24% vacancies in state forces; 86% constabulary share
  2. 2Supreme Court order dated 17 Oct 2022 in Prakash Singh v. Union of India, WP(C) 310/1996continuing judicial monitoring of state compliance with the 2006 police-reform directions
  3. 3The Hindu, "SC considers guidelines for police during mass protests," 28 July 2026CJI Surya Kant Bench indicating an all-India protocol on police conduct during demonstrations
  4. 4Amit Sahni v. Commissioner of Police (2020) — Supreme Court of Indiabalancing the right to protest with public movement, regulation left to police authorities
  5. 5Ministry of Home Affairs — Police ReformsUnion's advisory and modernisation-support role; BPRD training standardisation
Practice
12 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity