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Bihar's New DGP: Understanding the Appointment Process via SC Guidelines.
- •The Supreme Court issued clear guidelines for DGP appointments in the Prakash Singh v. Union of India case on July 3, 2018.
- •State governments must send a list of eligible senior IPS officers to UPSC at least 3 months before the current DGP's retirement.
- •UPSC prepares a panel of 3 officers based on seniority, service record, and experience, from which the state government appoints one as DGP.
- •The DGP will have a fixed tenure of at least 2 years, even if their retirement date falls within this period.
- •The Supreme Court has prohibited the appointment of acting DGPs, and removal before tenure completion is only allowed in extraordinary circumstances.
Key Questions Answered
State governments must send a list of eligible senior IPS officers to the Union Public Service Commission (UPSC) at least three months before the current DGP retires, and the UPSC then prepares a panel of three officers based on seniority, service record, and experience for the state to appoint from, preventing direct or arbitrary appointments.
A newly appointed DGP receives a fixed minimum tenure of two years to work free from political pressure, with service extensions applied if retirement age falls within this period. Removal before two years is only permitted under extraordinary circumstances such as serious criminal charges, corruption or indiscipline suspension, or physical/mental inability.
No, the Supreme Court has clarified that there is no system for acting or in-charge DGPs, meaning state governments cannot bypass regular protocols by giving temporary charge to a preferred officer and must appoint a regular DGP following the mandated process.
