Shift police, public order to Concurrent List: Niti Aayog
New Delhi: A Niti Aayog paper has suggested enactment of an organized crimes act, providing statutory backing to the CBI and moving police as well as public order to the Concurrent List to tackle increasing inter-state crime and terrorism under a unified framework.
It also made a case for the revival and strengthening of the beat constable system. “The legislative changes include, enactment of the organised Crimes Act, a single police act for the country, moving police to the Concurrent list, declaration of Federal Crimes, measures regarding registration of crimes, statutory backing for the CBI, Commissionerate system for large areas, revival and strengthening of the beat constable system and some changes in criminal procedure and evidence systems,” the paper said.
The paper—”Building Smart Police in India: Background Into The Needed Police Force Reforms”—also pitched for shifting of police and public order from the State List in the Seventh Schedule of the Constitution to the Concurrent List.
“This can also be done by amending entry 3 in the Concurrent list formalising what is actually happening on the ground. The need for inclusion of Public Order in Concurrent list stems from significance of public order for national security, economic development and legitimacy of the state,” it said. The paper pointed out that by including “public order” in the Concurrent List of the Constitution, the central government can play a more proactive role in curbing violation of public order at a nascent stage.
Another reason supporting the shift of public order to the Concurrent List is the rapid increase in inter-state crimes, it said. “Tackling these in the present framework is slightly challenging since all states have varied legal and administrative framework,” it added. Also, in light of the rapid growth in internet, communication and mobile technologies, organized crimes and terrorism can be best tackled through a unified legal, administrative and operational framework for the police forces across the nation, the paper said.
“This can be accomplished only by empowering the union government to also regulate public order,” it said. Citing the report of the second administrative reforms committee, it further said: “The State Police as well as the CBI could be given the concurrent jurisdiction over investigatison of all organised crime, terrorism, sedition, major crimes, crimes with inter-state ramifications, Acts threatening National Security, trafficking in arms and human beings, Serious economic offences.”
The paper also called for recruitment of students who have done MCA or passed out from an IIT as sub-inspectors/ inspectors under the state CID in light of the highly complex nature of cyber crimes. “To prevent detection, they should work in plain clothes,” it said.
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