Police Commissionerate System, Background, Structure, Provisions

The Police Commissionerate System is a policing model used in large Indian cities where maintaining law and order is more complex due to high population, traffic, and crime. Under this system, the Commissioner of Police is vested with both policing and certain executive powers, enabling quick decision-making in situations such as protests, riots, and emergencies without relying on the District Magistrate. Unlike the traditional district system, where law and order responsibilities are shared between the Superintendent of Police and the District Magistrate, the Commissionerate System provides unified command under the Police Commissioner for faster and more efficient action.

Police Commissionerate System Background

• Policing in India is mainly based on the Police Act of 1861, passed by the British after the Revolt of 1857 to create a proper police system and strengthen their control over India.
• Under the colonial system, a dual administrative structure was introduced in districts – the District Collector (District Magistrate) was the overall head, and the Superintendent of Police (SP) worked under him. This was done to keep strict control over the police and ensure revenue collection and suppression of revolts.
• This district-based system continued even after Independence in most parts of India.
• However, in major presidency towns like Kolkata, Mumbai, and Chennai, the British introduced the Police Commissionerate System (even before the 1861 Act), where a senior police officer called the Police Commissioner was given both policing and certain executive powers to handle urban law and order quickly.
• With rapid urbanisation after Independence, many states adopted the Commissionerate System in large cities. Today, it is considered an important step towards police reforms for better and faster urban policing.

Police Commissionerate System Expansion

• After Independence, Delhi adopted the Commissionerate System during the period 1977-1979 (Morarji Desai government).
• The National Police Commission (6th Report, 1983) recommended that cities with a population of 5 lakh or more, or those facing special law and order challenges, should adopt this system.
• In 2005, the Draft Model Police Act prepared by a committee under the Ministry of Home Affairs also suggested that metro cities and urban areas with a population of 10 lakh or more should have a Commissionerate System.
• According to Bureau of Police Research and Development (BPRD) data (2018), the system was implemented in 61 cities across 15 states. After further expansion (including Uttar Pradesh), around 63 cities now follow this system.
• Today, most Indian states have adopted the Commissionerate System in major cities, except a few states where it has not yet been implemented.

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Structure of the Commissionerate System

• The head of the system is the Commissioner of Police (CP), usually an officer of Deputy Inspector General (DIG) rank or above.
• The CP is assisted by officers such as:
  • Special Commissioner
  • Joint Commissioner
  • Additional Commissioner
  • Deputy Commissioner
• In this system, the CP directly reports to the State Government, unlike the traditional district system where the police work under the District Magistrate.

Constitutional and Legal Provisions Related to Police

• Under the Seventh Schedule of the Indian Constitution, Police is placed in the State List. This means that State Governments have the main responsibility for maintaining law and order.
• The Political Executive at the state level (that is, the Chief Minister and Council of Ministers) has the power of superintendence and control over the state police. This ensures that the police remain accountable to the elected government.
• Although police is a state subject, the Central Government can maintain its own police forces to assist the states in maintaining law and order. Therefore, the Centre has created several Central Armed Police Forces (CAPFs) and other specialised agencies for tasks such as:
  • Intelligence gathering
  • Criminal investigation
  • Research and record-keeping
  • Police training
• The Central Government is directly responsible for policing in Union Territories. It also provides intelligence support and financial assistance to state police forces when required.
• At the state level, police forces generally have two main wings:
  • Civil Police – They handle daily law and order duties, crime investigation, traffic control, and public safety.
  • Armed Police – They are kept as reserve forces and are deployed during serious situations like riots, large protests, or emergencies.

Also Read: Police Reform in India

Empowerment of Police under the System

• Under the Commissionerate System, the Commissioner of Police (CP) exercises powers similar to those of a District Magistrate in matters of law and order.
• Officers not below the rank of Assistant Commissioner of Police (ACP) can also exercise certain executive powers.
• These powers include:
  • Taking preventive arrests to stop possible crimes.
  • Imposing Section 144 of the Criminal Procedure Code (CrPC) to restrict public gatherings during emergencies.
  • Conducting externment proceedings, which means ordering a person to leave the city area for up to two years to maintain peace.
• This system allows faster decision-making without waiting for approval from the District Magistrate.

Need for the Police Commissionerate System

• Strong and Effective Policing Model: The Commissionerate System is considered a powerful and efficient system of policing. Similar unified urban policing models exist in many countries.
• Rapid Urban Growth: Many Indian cities now have populations above 10-20 lakh. Managing law and order in such densely populated urban areas requires faster and more specialised decision-making.
• Complex Urban Challenges: Big cities often face serious issues such as student protests, caste and communal tensions, labour strikes, organised crime, terrorism, cybercrime, heavy traffic and protests against government policies. These situations need quick action and proper coordination.
• Unity of Command: In the traditional district system, the Superintendent of Police (SP) depends on the District Magistrate (DM) for certain executive powers. This can sometimes lead to delays or differences of opinion. The Commissionerate System removes this dual control and ensures a single command under the Police Commissioner, allowing faster response.
• Committee Recommendations: The 6th Report of the National Police Commission (1983) recommended introducing this system in cities with a population of 5 lakh and above. Later, the Draft Model Police Act (2005) also supported it for metro cities and large urban areas.
• Greater Responsibility and Accountability: The system gives more power as well as responsibility to the Police Commissioner. It reduces the practice of shifting responsibility between police and magistrates.
• Better Inter-City Coordination: For example, Noida in Uttar Pradesh shares a border with Delhi, which already follows this system. After adopting the Commissionerate System in parts of UP, coordination improved. Similarly, in Mumbai, the system has helped in dealing with complex issues, including organised crime in the past.
• Additional Legal Powers: Under this system, police officers are given extra powers under laws like the BNS, Police Act, National Security Act, and other security laws. This helps in preventive action and better control of law and order.

Issues with the Police Commissionerate System

• Concentration of Power: The system gives wide executive and policing powers to the Police Commissioner. Without strong accountability, this may lead to misuse of authority.
• Low Public Trust: Historically, police in India have not always enjoyed high public confidence. People often feel more comfortable approaching civil officers like the District Magistrate. More powers to police may create fear of “police raj”.
• Risk of Political Misuse: In the absence of clear transparency and oversight mechanisms, the police machinery may be influenced by the ruling government.
• Overlapping Responsibilities: The areas of law and order and public order often overlap in practice, leading to possible confusion in handling situations.
• Need for Public Awareness: The system works better in states where literacy and awareness of legal rights are higher, as informed citizens act as a check on misuse of power.

Difference Between Dual System and Commissionerate System

In India, policing functions under two main models – the Dual System (District System) and the Commissionerate System. The key difference lies in the distribution of powers and command structure. The detailed differences between the two systems are discussed below.

Police Commissionerate System Significance

• Many states in India have introduced the Commissionerate System in big cities to ensure faster decision-making and better handling of complex urban problems like traffic management, protests, organised crime, and security threats.
• At the district level, the traditional dual system exists where the Superintendent of Police (SP) works under the District Magistrate (DM). Important decisions require coordination between both officers, which can sometimes delay action.
• In contrast, at the metropolitan level, the dual system has been replaced by the Commissionerate System in many states. This system allows quicker and more effective responses to urban law and order issues.
• Under this system, the Commissioner of Police (CP) is the head of a unified police structure in the city. The CP is responsible for maintaining law and order and is directly accountable to the State Government.
• The CP also has magisterial powers, such as issuing prohibitory orders, regulating public gatherings, and granting certain licenses. This combination of powers helps in taking immediate action during emergencies.
• The Sixth Report of the National Police Commission (1983) recommended introducing this system in cities with a population of 5 lakh or more.
• Later, in 2005, the Draft Model Police Act, prepared by a committee set up by the Union Home Ministry, also suggested that metro cities and major urban areas with a population of 10 lakh or more should adopt the Commissionerate System.