National Police Commission (Sri Lanka)
Evolution of Police Commissions in Sri Lanka
1.1 Commission’s functions in policing
Security is a right of the people. Police is the core mechanism established by the State, to protect people’s rights, establish and maintain order and guarantee stability and security of the public. For carrying out these functions, Police use power. The use of power, place the Police in a unique and sensitive position in a democratic State. As such, adequate controlling mechanisms are required to ensure that Police always use power in the public interest and operate impartially.
The role of the National Police Commission is to oversee the conduct of personnel engaged in policing and ensure that the Police is made accountable to the Public. Accountability process facilitate evaluating effectiveness of police and the police service. It also ensures that Police officers perform to their full potential, instilling confidence in the government and being responsive to the community, they are meant to be serving. Accountability in policing involves a system of internal and external checks and balances aimed at ensuring that police perform functions expected of them to a high standard and are held responsible if they fail to do so.
Democratic policing is ‘civilian policing’, with a focus on human rights and interests of the public. Police in Sri Lanka however had exclusively to confine to maintain public order to meet demands during and after independence. There was a public demand for the establishment of independent national commissions to oversee vital areas of wider public interest as law enforcement, public service delivery and prevention of bribery and corruption since early 1990’s. Accordingly oversight bodies were established by the 17th Amendment. People expected the Police a service oriented pro-people institution establishing the rule of law, that will be accountable to the people it serves.
1.2 The First Commission- 2002- 2005 & The Second Commission-2005–2009 under the 17th Amendment to the Constitution
The main purpose of the establishment of independent commissions was to depoliticize institutions, strengthen the rule of law and to promote good governance in the country. One among them, the National Police Commission was established in November 2002. The main objective was to ensure the independence of the Police Service from interference or undue influence and to instil respect for Rule of Law in the minds of all ranks of the Police Service in order to perform their duties impartially and fearlessly. All powers for managing police personnel and investigation of complaints against police were entrusted to the Commission, a major step towards the oversight function to ensure accountability of the substantive work expected from the police.
The Commission established under the 17th Amendment, was able to act as an effective body of oversight ensuring accountability in respect of police functions for three years from 2003 from 2005. Due to a constitutional crisis that arose between the executive and the legislature, the NPC was constituted as a nominal body of which members were appointed by the Executive President. Moreover, due to the three decade long civil conflict during 1980 – 2009 both in Southern and North-eastern areas of the country, scrutiny of police functions even in terms of use of administrative and financial resources was further weakened.
1.3 The Third Commission under 18th Amendment With the end of the civil war in 2009, the country became peaceful making oversight functions over the police more feasible. However police had not effectively been subjected to vertical oversight with the implementation of the 18th Amendment in 2010. Oversight function of the Commission was very limited and confined to receiving public complaints against police only, investigate and hand over the report to the IGP for follow up action. Commission had no power to monitor action by IGP.
1.4 The Fourth Commission under 19th Amendment Due to the three decade long civil conflict during 1980 – 2009 both in Southern and North-eastern areas of the country, police became a more and more militarized system rather than a system that serve the community. For this reason, the majority of the public did not perceive much difference between the military and the Police during this period and even since 2009 after the civil conflict. With the end of the civil war in 2009, the country became more peaceful than before. However the police service failed to transform from its military nature to community policing culture – objective of a police force in a modern society. Absence of changes to suit the conflicts free society could be seen in the political domain too.
With the change of government in 2015, the 19th Amendment to the Constitution was passed by the Parliament paving the way for the establishment of independent commissions including the National Police Commission. In this context, the growing public demand for a more people friendly Police service also emphasized the need for a transformation in the service orientation.
The Current Commission (2015 – 2018)
2.1 Background – 19th Amendment
The National police Commission was established under the 19th Amendment to the Constitution and commenced its operations on October 23, 2015. The Commission is a key oversight body of the policing in Sri Lanka. It is entrusted with two major functions, viz efficient and effective management of human resources of the Police and safeguarding the public from unlawful action or inaction by the Police. Constitution empowers the Commission for the appointment, promotion, transfer, disciplinary control and dismissal of police officers. The Commission also establish procedures to entertain and investigate public complaints against police officers or the Police service and provide redress as provided by law.
The Role The Commission, in consultation with the IGP, determine all matters regarding police officers, including (a) the formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by the Cabinet of Ministers; (b) training and the improvement of the efficiency and independence of the police service; (c) the nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Provincial Divisions; and (d) codes of conduct and disciplinary procedures.
Composition The present Commission consist of seven members with experience in policing, police administration, public administration, law and legal procedure, society and human behaviour and international relations. It is a mix of expertise that facilitate balanced decision making with regard to improving the police service in the interest of the public. The former Commission established under the 18th Amendment had neither sufficient powers nor necessary human and other resources for its efficient functioning over a period of six years of its existence. The new Commission however is vested with wide-ranging powers.
2.2 Mandate
Statutory Powers and functions of the Commission are enumerated in Article 155 of the Constitution. Article 155G. (1) (a) of the Constitution provide for the appointment, promotion, transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police. The Commission exercises such powers in consultation with the Inspector General of Police. According to Article 155G (1) (b), the Commission shall not, in the exercise of its powers, derogate powers and functions assigned to the Provincial Police Service Commissions as and when such Commissions are established under Chapter XVlIA of the Constitution.
Article 155G (2), of the Constitution provides for the establishment of procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service and provide redress as provided by law. In the event of the Commission providing redress, the Commission shall forthwith inform the Inspector-General of Police.
Article155G (3), of the Constitution provide for and determine all matters regarding police officers, in consultation with the Inspector General of Police, including:- (a) the formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by the Cabinet of Ministers pertaining to the same; (b) training and the improvement of the efficiency and independence of the police service; (c) the nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Provincial Divisions; and (d) codes of conduct and disciplinary procedures.
The Commission shall exercise all such powers and discharge and perform all such functions and duties as are vested in it under Appendix I of List I contained in the Ninth Schedule to the Constitution.
Immunity from Legal Proceedings Article 155C of the Constitution Subject to the jurisdiction conferred on the Supreme Court [under Article 126 and the powers granted to the Administrative Appeals Tribunal under Article 155L, no court or tribunal shall have the power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission or a Committee, in pursuance of any power or duty, conferred or imposed on such Commission or Committee under this Chapter or under any other law. Interference with the Commission Article 155F. (1) of the Constitution Every person who, otherwise than in the course of such person’s lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with 120[any decision of the Commission or a Committee or any police officer to whom the Commission has delegated any power under this Chapter or to so influence any member of the Commission or a Committee or any police officer to whom any power has been delegated], shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. (2) A High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).
2.3 Functions and Services of the Commission
The NPC, Formulate policies on recruitment, appointment, promotion, transfer, disciplinary control and dismissal of all Police officers; entertaining public complaints against police officers; enhancing independence and professionalism and quality of police service delivery. Make rules and procedures on establishment matters such as delegation of authority, investigation of public complaints, appeal processing procedure etc. Recruit, appoint, promote, transfer, disciplinary control including dismissal of OICC of Police Stations, and all Gazetted Police Officers above Assistant Superintendent of Police; Monitor exercising of delegated powers in recruitment, appointment, promotion, transfer, disciplinary control and dismissal of all Police Officers below CII by IGP, SDIG and DIGG. Functions as the Appellate Authority in hearing disciplinary appeals of all police officers below the rank of CII who are aggrieved by the decisions of delegated authorities, i.e IGP, SDIG and DIG in relation to appointment, promotion, transfer, disciplinary control and dismissal. Establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service and provide redress as provided by law. Provide for and determine all matters regarding police officers, including(a) The formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by the Cabinet of Ministers pertaining to the same; (b) Training and the improvement of the efficiency and independence of the police service; (c) The nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Provincial Divisions; and (d) Modify and implement Codes of conduct and disciplinary procedures.
2.4 The role of the IGP The seven member Commission, the highest and final decision making body assembles weekly (Thursday) and makes decisions together with regard to functions and duties of the NPC. The Inspector-General of Police, the head of Police, attends meetings as provided by the Constitution. The Commission in consultation with IGP provides for and determines all matters regarding Police Officers. According to Article 155B(5), the Inspector-General of Police shall be entitled to be present at meetings of the Commission, except where any matter relating to him is being considered. He shall have no right to vote at such meetings.
Powers relating to appointments, transfer, promotion, disciplinary control and dismissal of officers below the ranks of Chief Inspectors of Police, except of officers holding positions of Officers in Charge of Police Stations, have been delegated to the IGP, SDIGG and DIGG in terms of Article 155H of the Constitution and gazetted in the Gazette Extra Ordinary No 1965 and published on May 6, 2016 amended by No 2016/6 dated April 24, 2017. However the Commission decides the overall policy pertaining to all aspects of above functions. Further the Commission monitors as to how the delegated functions are carried out by the IGP, SDIG and DIG. All retained powers are directly executed by the NPC. The Secretary of the NPC, appointed under the Constitution, is the chief executive officer of the Commission.
References[edit]
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