Police and the rule of law: recent developments in India

Abstract

For a country like India, which is committed to the rule of law, the role of police is undergoing changes very rapidly. It is primarily due to the fact that the country has transformed from a police state to welfare state since independence in 1947, and thereafter since India became a Republic in 1950, however, unprecedented changes, of late, in the governance of the country – with coalition politics being a major factor – have been witnessed raising important questions regarding the challenges faced by police in a modern welfare state within the dynamic legal framework. The relationship between the political Masters and the civil servants, including the police officers, has undergone a sea change, and lately more changes have been observed, which may not be very encouraging for a healthy and vibrant democratic country. With the Supreme Court being the final interpreter, often the police are at the receiving end. This paper examines some of the recent pronouncements of the Supreme Court and other High Courts and tries to analyse them vis-à-vis the understanding of the rule of law in India.