Supreme Court widens DGP appointment scrutiny to rules across all states

The Supreme Court sought details of DGP appointment frameworks followed across all states. The review could reshape police chief selections and determine the validity of Jharkhand's rules.Newdelhi,Nov 3, 2026 18:30 ISTThe Supreme Court on Tuesday widened its examination of the appointment of state police chiefs, asking the Centre to provide a summary of the laws, rules and executive orders followed by every state in selecting and appointing Directors General of Police (DGPs), news agency Press Trust of India reported.The court also asked the Jharkhand government and DGP Tadasha Mishra, who was appointed a day before her scheduled retirement, to respond by November 16 to petitions filed by the Centre and others challenging her appointment.A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana accepted the submission of senior advocate Raju Ramachandran, who is assisting the court as amicus curiae.According to PTI, the Chief Justice said, “I think Mr Raju is right that the Union can be in a position to give us the gist of the existing legislative or executive regime adopted by every state on the appointment of DGPs.” Ramachandran sought directions to the Centre and the states to disclose whether they had enacted laws or framed rules governing DGP appointments and whether these provisions were being implemented.He said some states had framed rules similar to those introduced by Jharkhand but continued to claim compliance with the Supreme Court's directions in the Prakash Singh case. He specifically referred to Uttar Pradesh and Punjab, where similar provisions were said to exist. Ramachandran said a comprehensive assessment of the legal and executive frameworks adopted by states was needed so that the court could examine the wider issue instead of considering the validity of each state's rules separately.The bench indicated that the states would be required to file their responses. It observed that the relevant provisions could be in the form of laws, regulations or executive orders, but their legal effect would remain subject to judicial scrutiny.The bench asked Ramachandran to submit a comprehensive note and directed the Supreme Court Registry to accept it and circulate copies among the lawyers representing the parties. It also allowed the Jharkhand DGP to file a counter-affidavit by November 16, 2026.Solicitor General Tushar Mehta, appearing for the Centre, said the Jharkhand matter should be heard first as the state's rules had been found to be in conflict with the Supreme Court's directions on the process for appointing DGPs.On October 8, the bench had questioned the validity of the Jharkhand government's rules governing the appointment of the state police chief. It had observed that the relevant provision appeared, at first sight, to be contrary to the law laid down in the Prakash Singh judgment.The court had also noted that if the rule was eventually struck down, the appointment of the incumbent DGP could be set aside as a consequence.Senior advocate Kapil Sibal, appearing for Jharkhand, told the court that he had spoken to the chief secretary. He said the state would examine the issue and submit an appropriate application or affidavit.The Centre has challenged the Jharkhand government's Selection and Appointment of Director General and Inspector General of Police, Jharkhand (Head of the Police Force) Regulation, 2025, which was notified on January 8, 2025.Under the original regulation, a nomination committee was set up to select the DGP. It provided for a panel of three to five officers and required candidates to have at least six months of service remaining.The Centre has alleged that the Jharkhand government amended the regulation on December 29, 2025, and appointed Mishra as DGP on December 30, a day before her scheduled retirement.According to the Centre, the appointment allowed an officer who was about to retire to receive a two-year tenure, contrary to the procedure prescribed by the Supreme Court.The Centre's petition, filed on July 16, also questioned the earlier appointment of Anurag Kumar Gupta as Jharkhand DGP on February 2, 2025, when he reportedly had about three months of service remaining.In its 2006 judgment in Prakash Singh versus Union of India, the Supreme Court laid down safeguards aimed at ensuring transparency, merit and stability in the appointment of state police chiefs.The judgment directed state governments to select DGPs from among the three senior-most eligible officers shortlisted by the Union Public Service Commission on the basis of length of service, a very good record and experience. It also provided for a minimum tenure of two years for an appointed DGP, irrespective of the officer's retirement date.The Supreme Court will now examine the frameworks followed by all states while also considering the Centre's challenge to Jharkhand's rules and the appointments made under them.- Ends