Recommendations of 2nd ARC: 5th and 6th Report

The fifth and sixth reports of the second administrative reforms committee deal with the topics of Public order and Local Governance  respectively. The fifth report provides recommendations to revamp the authorities and the workings of the authorities responsible for maintaining public order, i.e. the police and the criminal justice system. The sixth report details recommendations to improve and deal with the issues of local governments, rural as well as urban, and attempts to improve the local governments with a focus on decentralization.

The Fifth Report

• The fifth report firstly makes recommendations relating to the separation of the police from its investigative department. It recommends that a Crime Investigation Agency be constituted in each state
• A recommendation is to create a state police performance and accountability commission to evaluate the performance of the police authorities and keep them accountable
• Police establishment committee is recommended to deal with postings, promotions, grievances, etc., relating to the Inspector general and above
• A recommendation is made for each step to identify non-core police functions and out so with the same to other agencies
• The report recommends certain welfare measures for the police to have certain rational working hours that are to be strictly followed, measures to improve working conditions for the police, and other additional social welfare and securities measures during their tenure post-retirement
• It recommends an independent complaint authority to be constituted on the district and state levels to investigate the allegations against police
• It is recommended that the intelligence-gathering machinery be strengthened to help the administration take preventive measures or conflict management within an appropriate time
• It recommended adopting a zero-tolerance strategy for crime within the police system or the communities
• Further, the report recommends amending sections 161 and 162 of the CRPC, improving how the witness’ statements are collected and dealt with, especially when it is an important testimony
• The Report recommends that the evidence act be amended for confessions before the police to be made admissible. Such confessions should be video recorded, and the confessors should be informed about the nature of the statement they are making and how it can be used against them. Post that, the person should also be brought before the magistrate to make sure coercive methods were not used to obtain the confession
• AFSPA (1958) is recommended to be repealed, and instead, a new chapter for the northeastern states is recommended to be added to the Unlawful Activities (Prevention) Act, 1967
• Recommendations are made to create mechanisms to ensure civilians can be involved in different aspects of public order management and evaluate the quality of service of police officers and police stations
• It is recommended that the administration make facts available to the media as quickly as possible in case of any major development that can affect public order and increase interaction between administration and media so that there can be a better relationship between the two

The Sixth Report

Rural Level: The sixth report states that the state legislatures should institute panchayats at the appropriate level and give them the power necessary to ensure that they can function as institutions of self-government. Furthermore, state election commissions and state finance commissions are to be instituted. The state should create programs to help the panchayat members improve their skills. Moreover, state governments encourage local bodies to outsource their functions to public or private agencies.

A District Council is recommended to be constituted in every district consisting of rural and urban areas. Audit committees are to be constituted by the State government to ensure transparency and accountability of the members involved in local governments. Members of local governments are recommended to utilize technology- information and communication technology and space technology to help in the simplification of processes and help provide better services.

Further, panchayats should have the power to recruit their personnel and regulate the working conditions of such personnel (subject to state governments guidelines). Provisions for the approval of the budget of Panchayat by higher authorities should be abolished to ensure decentralization. Additionally, DRDA is to be abolished. Panchayats should be able to broaden the scope of revenue generation, and they should be encouraged to take loans from banks and other private sectors if required. Any money going from the state government should only be given true untied funds. The money should be routed through panchayats for local development programs in rural areas.

Urban Areas: In urban areas, elections should be held to elect a mayor. The local Municipal body should be responsible for water dispersal to the people and maintaining the sewage systems. In urban areas, it is recommended that the municipal body have a list of whatever properties they hold and leverage the same. In towns and cities with over 1 lakh, it is encouraged to get into public-private projects to handle waste management and scavenging related matters.

It is also recommended that in urban areas a good transport system should also be created and corporations/ authorities for the same need to be created. It is further recommended to create a better system for maintaining and keeping track of real estate and create 25 to 30 megacities for the future. Further steps need to be taken to eradicate poverty based on surveys as well as for developing slums and providing better facilities such as healthcare, etc., for the people there.

Conclusion

The fifth report provides various guidelines to improve the police system responsible for upholding the rule of law and, in turn, maintaining public order. The guidelines primarily deal with making the police system more accountable and making the current system smoother.

The sixth report provides various recommendations illustrating how to establish a local government in rural and urban areas and work under the state government while still having their powers and agency.