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INTER-STATE COUNCIL

4.1 The Inter-State Council (ISC) wasestablished under Article 263 of the Constitution ofIndia through a Presidential Order dated May 28,1990. The Council is a recommendatory body formaking recommendations upon any such subjectand in particular, recommendations for the bettercoordination of policy and action with respect to thatsubject and deliberating upon such other mattersof general interest to the States as may be referredby the Chairman of the Council.

4.2 The Council comprises the Prime Minister asChairperson and Chief Ministers of all the States, ChiefMinisters of Union territories having LegislativeAssemblies, Administrators of Union territories nothaving Legislative Assemblies, Governors of Statesunder President’s rule, six Ministers of Cabinet rank inthe Union Council of Ministers nominated by the PrimeMinister as Members and four Ministers of Cabinetrank in the Union Council of Ministers nominated bythe Prime Minister as permanent invitees.

4.3 The Inter-State Council under theChairmanship of Prime Minister and the StandingCommittee of the Inter-State Council under theChairmanship of Union Home Minister were re-reconstituted on December 7, 2006 and on June22, 2007 respectively. The Standing Committee wasset up initially on December 5, 1996 for continuousconsultation and processing matters forconsideration of the Council. Further, it can alsoconsider any matter referred to it by the Chairmanof the Council.

Blue print of Action Plan on GoodGovernance

4.4 ISC, in its 9th meeting held on June 28, 2005under the Chairmanship of Prime Minister,considered the Agenda item: Blue print of ActionPlan on Good Governance and endorsed the 139-point.

Action Plan on Good Governance.

4.5 The 139-point Action Plan on GoodGovernance, approved by the Council, have beencirculated to the concerned Union Ministries/Departments and State Governments/UTAdministrations for implementation and submissionof Action Taken Reports (ATRs). Inter-State CouncilSecretariat (ISCS) is monitoring the implementationof the Action Plan on Good Governance.

National Centre for Good Governance[NCGG]

4.6 The 139-point Action Plan on GoodGovernance also envisages the setting up of aNational Centre for Good Governance (NCGG) asa measure of institutional capacity-building. NCGGis envisioned to be a world-class institution in guidinggood governance reforms in India and thedeveloping world. It would develop a strategy forinstitutional capacity-building based on the principlesof complementarities and strategic alliances with theexisting institutions of excellence in the country andabroad so as to develop synergy for efficientimplementation of good governance reforms agenda

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in the country. It would act as the ‘Lead’ institutionfor collection, collation and effective sharing of goodgovernance including e-governance initiativesbetween the Union and the States.

State Centres for Good Governance

4.7 The 139-point Action Plan on GoodGovernance also contains the Action Point ofidentifying one Institution at the State level to be thenodal institution for linkages with NCGG. All the StateGovernments/UT Administrations have beenrequested to take immediate steps to set up Centresfor Good Governance (CGG) at the State/UT level.Most of the State Governments have shown keeninterest in the matter. So far 6 State Governmentsnamely Andhra Pradesh, Gujarat, Madhya Pradesh,Rajasthan, Tamil Nadu and West Bengal have setup their State CGGs. Necessary assistance is beingprovided to the State Governments in this regard.

Implementation Report on the decisionstaken by Inter-State Council on therecommendations of Sarkaria Commission

4.8 Of the 247 recommendations of SarkariaCommission on which final view has been taken bythe Council, 179 recommendations have beenaccepted and implemented, 65 recommendationshave not been accepted either by the ISC or theAdministrative Ministry concerned and 3 are atdifferent stages of consideration in the concernedMinistries/Departments.

10th Meeting of Inter-State Council

4.9 On December 9, 2006, the 10th meeting ofthe ISC was held in Delhi under the Chairmanship ofthe Prime Minister to consider the agenda item‘Atrocities on Scheduled Castes (SCs) andScheduled Tribes (STs) and status of implementationof the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989’.

4.10 There was consensus among the

participants to the effect that there is scope for takingmore stringent action under the provisions of lawfor helping the weaker sections of the society toensure that real justice is done to them. The ChiefMinisters agreed to the suggestions including, inter-alia the appointment of special public prosecutors,proper registration of cases and their expeditiousdisposal in the interest of justice to SCs/STs, properrehabilitation of STs whenever their lands areacquired for public projects. The decisions takenin the meeting would be useful in helping the SCs/STs.

4.11 The decisions of the Council have beencirculated to the concerned Union Ministries/Departments and State Governments forimplementation and submission of ATRs.

Study on Sub-national governance

4.12 ISCS has commissioned a study on Sub-national governance. The study would delineateIndian experience with reference especially toadministrative, judicial and socio-economic impactof models of sub-national governance and likewiseinternational experience (other innovative models),and examine their impact on core issues likesovereignty, national integration, natural resourceuse, requirements of modern day integrated financialsystems, interdependence, sharing of powers andthe related procedural aspects. The study havebeen awarded to the National Academy of LegalStudies and Research (NALSAR), University of Law,Hyderabad in January – February, 2006. An interimreport on Part-I of the Study has been submitted inOctober, 2007 by NALSAR, Hyderabad.

Study on Compensation to Resource-bearing States

4.13 ISCS has commissioned a study onCompensation to resource-bearing States byappointing ‘The Energy & Resources Institute’(TERI), New Delhi as the consultant for the purposein October, 2006. The study is a multi-disciplinary

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one covering, in general, compensation to resourcebearing States, with specific focus on the sectorsviz., minerals including coal, hydropower andpetroleum & natural gas. While Phase-I of the studyis focused on minerals including coal andhydropower, Phase-II is focused on petroleum andnatural gas. The study would suggest acomprehensive and broad policy framework forcompensation to the resource-bearing States.Report on Phase-I of the Study has been submittedby TERI in May 2007. Draft report on Phase-II ofthe Study has also been submitted by TERI inSeptember, 2007.

Study on ‘Creation of a Common IndianMarket on Agricultural goods andcommodities’

4.14 ISCS has commissioned a study on‘Creation of a Common Indian Market on Agriculturalgoods and commodities’ by appointing M/s GlobalAgri System Pvt. Ltd. under the chairmanship of ShriGokul Patnaik as the consultant for the purpose inAugust, 2007. The objective of the study is to developa national level single market for agricultural goods

and commodities by removing all the existing barriersto trade and multiplicity of Acts and appropriate fiscalpolicies and marketing arrangements across thecountry. The progress of the study will be regularlymonitored by a Consultancy Monitoring EvaluationCommittee (CMEC) to be set up by the Inter-StateCouncil Secretariat which will also evaluate the report/deliverables.

The 4th International Conference onFederalism

4.15 The 4th International Conference onFederalism (ICF) was held between November 5 –7, 2007. It was attended by nearly 1,200 delegates,including Heads of various States/Governments andvery high dignitaries from India.

4.16 There were four Themes in the Conferencenamely, (i) Building on and AccommodatingDiversity, (ii) Fiscal Federalism, (iii) Interaction in aFederal System and (iv) Local Government inFederal Systems. Several distinguished speakersaddressed the audience.

Dr. Manmohan Singh, Prime Minister of India delivering the inaugural address on November 5, 2007

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4.17 The Prime Minister in his address lauded thestrengths of the Federal system of governance. It isthe concept of Federation that has enabled largenation-States to survive in today’s world asfederalism successfully mediates between theopposing pulls and pressures of individual identitiesand the needs of a national identity. He also referredto the challenges posed by federal governance byway of fiscal barriers to inter-State movement ofgoods, utilisation of natural resources, persistenceof inter-regional disparities in development levels,river water sharing and a balanced and equitablemanagement of growing inter-dependence amongthe units of a federation. The Prime Minister calledupon the participants to deliberate upon as to whichof the three options is the best tool for managingfederal governance namely, single party dominance,multi-party model with dominance of national parties,or multi-party model which is an amalgam of partieswith national reach and several with a very limitedsub-national reach. The Union Home Minister inhis keynote address observed that the concept ofthe federalism is based on liberal and democraticand all- inclusive attitudes of human beings. Thecountry’s constitution provides for federal form ofgovernance in times of peace, and unitary in timesof emergencies.

ZONAL COUNCIL SECRETARIAT

4.18 The five Zonal Councils namely, theEastern, Western, Central, Southern and Northernare statutory bodies which have been set up underthe States Re-organisation Act, 1956 passed by theParliament. The Zonal Councils are high leveladvisory bodies chaired by the Union Home Ministerand the members are the State Chief Ministers andtwo Ministers nominated by the respective memberStates. These Zonal Councils have been set up withthe aim to provide a common meeting ground ineach zone for ensuring resolution of inter-Stateproblems, fostering balanced regional developmentand building harmonious Centre-State relations.

4.19 The Zonal Council Secretariat interactswith State Governments, Central Ministries andinstitutions like the Planning Commission to exploreissues of relevance for deliberation of the ZonalCouncils. However, it is open to the enlightenedcitizens to identify such issues and bring them tothe notice of the Zonal Council Secretariat.

4.20 The Zonal Councils have so far, met 106times since their inception and have contributed

The visiting dignitaries along with the President of India rise for the National Anthem during thevaledictory session on November 7, 2007.

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significantly in bringing about socio-economicadvancement in different parts of the country. Apartfrom specific issues relating to States/Unionterritories of the Zones, issues of nationalimportance like Internal Security, Right toInformation Act, National Rural EmploymentGuarantee Act, trafficking in women and children,coastal security, etc. have been discussed anduseful recommendations made. Recommendationsof the Zonal Councils have facilitated significantchanges at the ground level.

4.21 In the meeting of Southern Zonal Councilheld on February 12, 2007 at Hyderabad, theCouncil deliberated upon the issues relating toInternal Security. The Chairman stated that theexpenditure incurred on providing security shouldbe treated as investment for efficiency and betterperformance and advised the State Governmentsto give emphasis on raising new battalions, fillingup the existing vacancies in police, providing modernweapons, transport and communication facilities,better training, use of private security agencies andstrengthening of Special Branches.

4.22 The Chairman advised the StateGovernments to set up separate Committees ofExperts to look into the details of mega city policingin respect of Hyderabad, Bangalore, Chennai andKochi. He also observed that naxalism should beviewed not only as a law and order problem but alsoas a socio-economic problem.

MODERNISATION OF PRISONS

4.23 Administration of prisons is the responsibilityof the State Governments as “Prisons” have beenincluded in List II of the Seventh Schedule of theConstitution. The administration and managementof prisons is regulated in accordance with theprovisions of the Prisons Act, 1894 and the detailedprocedures set out in Jail Manuals framed byrespective State Governments. The StateGovernments are empowered to enact legislationand make rules and regulations on the subject.

4.24 Due to financial constraints, many Stateswere unable to make adequate allocations for themaintenance and upkeep of prisons, increase thecapacity in jails to accommodate the increasingnumber of undertrials and convicted prisoners,improve the sanitation in prisons and provideadequate housing to prison personnel. This resultedin the deterioration of the condition of prisons,prisoners, and prison staff. The Central Governmentprovided financial assistance to states between1987 to 2002 under various schemes aggregatingRs.131.72 crore to improve these conditions.However, this did not lead to a substantialimprovement on the ground.

4.25 Therefore, in order to improve the conditionof prisons, prisoners and the prison staff, the CentralGovernment launched a non-plan scheme in 2002-03 for construction of additional prisons to reduceovercrowding, repair and renovation of existingprisons, improvement in sanitation and water supplyand provide living accommodation for prisonpersonnel. The scheme which is known as‘Modernisation of Prisons’ was to be implementedover a period of five years (2002-07) in 27 Stateswith an outlay of Rs.1800 crore on a cost sharingbasis in the ratio of 75:25 between the Central andState Governments respectively.

4.26 The scheme has been extended by a furtherperiod of two years without additional funds toenable the State Governments to complete theiractivities by March 31, 2009. The StateGovernments have now been allowed to utilise 10%of their entitlement under the Annual Action Plan for2006-07 on purchase of equipments formodernisation of jails and building/improvinginfrastructure for undertaking correctionalprogrammes.

4.27 During the year 2007-08, a budget provisionof Rs.180 crore has been made. Against this, tillMarch 12, 2007, an amount of Rs.177.9717 crorehas already been released to various State

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Governments. As against the total amount ofRs.1347.40 crore allocated to all the States over aperiod of 5 years, an amount of Rs. 1231.1566 crorehave already been released to the StateGovernments. Against a target of 168 new jails,the State Governments have completed theconstruction of 56 jails and 60 jails are expected tobe completed by March, 31. 2008. The progress ofthe Scheme is being monitored closely with a viewto ensuring that the funds released to the Statesare properly utilised for the purpose for which theyhave been released.

Institutes of Correctional Administration

4.28 To improve the quality of prison administration,continuous efforts are made by imparting trainingto prison personnel. The Institute of Correctionaladministration (ICA) was established at Chandigarhfor that purpose and the entire expenditure on itsestablishment is borne by the Ministry. During theyear 2007, the Institute organised 23 trainingprogrammes for police officers and 14 for prisonofficers in which 399 police officers and 194 prisonofficers were trained. In addition, a Regional Institutefor Correctional administration (RICA), functioningat Vellore, Tamil Nadu, is being funded by the StateGovernments of Andhra Pradesh, Karnataka, Keralaand Tamil Nadu. The Ministry of Home Affairs hadprovided a one-time grant for setting up the Institute.The Bureau of Police Research and Development(BPR&D) also plays a significant role throughresearch work and training in the field of prisonadministration.

Repatriation of Prisoners Act, 2003

4.29 Earlier there was no legal provision either inthe Code of Criminal Procedure or any other lawunder which foreign prisoners could be transferredto the country of their origin to serve the remainingpart of their sentence nor was there a provision forthe transfer of prisoners of Indian origin convictedby a foreign court to serve their sentence in India.From the humanitarian angle it was felt that if foreign

convicted nationals were transferred to their homecountries and prisoners of Indian origin brought toIndia to serve the remaining part of their sentence,it would enable them to be near their families andwould help in the process of their socialrehabilitation.

4.30 The Repatriation of Prisoners Act, 2003was enacted for achieving the above objectives. TheAct was notified and came into force on January 1,2004. Subsequently, the Repatriation of PrisonersRules, 2004 were published in the Official Gazetteon August 9, 2004.

4.31 For implementation of the Act, a treaty/agreement is signed with countries having mutualinterest with us on this matter.

4.32 So far, agreements have been signed withthe Governments of the United Kingdom, Mauritius,Bulgaria, Cambodia, Egypt and France.Negotiations have also been concluded withGovernment of Canada.

Correctional Service Medal

4.33 The All India Committee on Jail Reforms(1980-83) recommended that Government of Indiashould institute medals for rewarding prisonpersonnel and the State Governments/UTAdministrations should suitably recognise specialservices rendered by the prison personnel. Theaforesaid recommendations were further supportedby a Group of Officers headed by Shri R.K. Kapoor(1986). The Group of Officers was constituted toexamine and review various aspects of administrationand management of prisons, especially in the contextof security and discipline in prisons and suggestmeasures for their improvement.

4.34 Based on these recommendations, thefollowing medals have been instituted for award tothe prison personnel every year on the occasionsof the Republic Day and Independence Day:

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Gallantry Medal

� President’s Correctional Service Medal forGallantry (PCSMG)

� Correctional Service Medal for Gallantry(CSMG)

Service Medal

� President’s Correctional Service Medal forDistinguished Service (PCSMDS)

� Correctional Service Medal for MeritoriousService (CSMMS)

4.35 The number of PCSMDS and the numberof CSMMS which can be awarded in a year are 25and 75 respectively. There is no limit to the numberof medals to be awarded for gallantry in one year.

4.36 The PCSMDS/PCSMG and the CSMMS/CSMG are awarded:

(i) for a specially distinguished record incorrectional service;

(ii) for success in organising correctional serviceor maintaining the administration in specialdifficulties like mass admission of prisoners;and

(iii) for outstanding ability in putting out riots,preventing escape of prisoners, rescuing theofficials, sportsmanship, public work andexemplary service marked by efficiency,devotion to duty, integrity, loyalty, high senseof discipline and spirit of sacrifice.

4.37 The PCSMG and the CSMG are awardedfor conspicuous/exceptional gallantry inapprehending a prisoner or in preventing theirescape, the risk incurred being estimated with regardto the obligations and the duties of the officerconcerned and for the outstanding work done in thepreceding year.

4.38 A total number of 53 prison personnel ofvarious States were awarded the CorrectionalService Medals during 2007.

TRAFFICKING IN HUMAN BEINGS

Project on “Strengthening the Law EnforcementResponse in India against Trafficking in Personsthrough training and capacity building”

4.39 The Ministry of Home Affairs, in association

with the United Nations Office on Drugs and Crime(UNODC), is working on a two year project for trainingof Law Enforcement Officials on human trafficking infive States, namely Andhra Pradesh, Goa,Maharashtra, West Bengal and Bihar. The projectaims at raising the awareness of Law EnforcementOfficials (police and prosecutors) on the problem ofhuman trafficking and further build up their capacityto better investigate the crime and prosecute theoffenders perpetrating such crimes. A Project SteeringCommittee(PSC) was constituted for guiding andmonitoring of the project functioning. The last meetingof PSC was held on October 3, 2007. The followingprogress has been made so far:

� The Project has facilitated networking of lawenforcement agencies with civil societypartners and other stake holders, undertakingof several innovative initiatives in rehabilitationand prevention of human Trafficking andsetting up of Integrated Anti Human TraffickingUnits (AHTUs) involving synergy betweengovernment officials and NGOs in the statesof Goa, West Bengal, Andhra Pradesh andBihar where they are all functional.

� A total of 290 training programmes for policeand prosecutors have been organised inwhich 10,194 police officials and prosecutorshave been trained in the five project states.

� Grants had been given to all the Project Statesfor setting up Nodal Training Cells(NTC).

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� Two films have been developed under theproject, one on Anti Human Trafficking andanother on Anti Human Trafficking Units.

� Two workshops have been organised forjudicial officers for awareness generation onhuman trafficking.

Meeting of the Regional Task Force to Implementthe SAARC Convention relating to Trafficking inWomen and Children for Prostitution - July 26,2007.

4.40 The Regional Task Force of SAARC forImplementation of the SAARC Convention onPrevention and Combating Trafficking in Womenand Children for Prostitution met for the first time inNew Delhi on July 26, 2007 in New Delhi. Thedecisions taken in the SAARC Meeting includedsharing best practices, setting up a toll free phonenumber for use of victims, capacity building andtraining programmes based on the best practices,wherever possible harmonizing national legislationsto tackle trafficking and development of StandardOperating Procedures(SOP) for operationalising theConvention, including repatriation of victims. A draft

SOP prepared by the Government of India has beensent to the Ministry of External Affairs for circulationto SAARC Member States.

South Asia Regional Conference of the UNGlobal Initiative to Fight Human Trafficking(UN.GIFT) – 10-11 October, 2007.

4.41 In partnership with the Ministry of HomeAffairs, the South Asia Regional Office of UNODCorganised the South Asia Regional Conference ofthe “Global Initiative to Fight Human Trafficking(UN.GIFT)”, at Vigyan Bhavan, New Delhi on October10-11, 2007. The Union Home Minister presided overthe Valedictory Session. The event involved allSAARC countries, except Bhutan, – namelyBangladesh, India, Maldives, Nepal, Pakistan, SriLanka, as well as Afghanistan, which recently joinedSAARC. At the end of the Conference, the DelhiDeclaration was read out which summarised therecommendations made during the Conference bythe working groups. Also a Compendium on BestPractices on Anti Human Trafficking by LawEnforcement Agencies was released by the HomeMinister. The same has been circulated to all StateGovernments and UTs for their use.

Union Home Minister altending the south Asia Regional Confenence of the UN GlobalInitiative to Fight Human Trafficking (U.N. GIFT)

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COMMISSION ON CENTRE-STATERELATIONS

4.42 One of the commitments of theGovernment was to set up a new Commission tolook into the issues of Centre-State relations keepingin view the sea-changes that have taken place inthe polity and economy of India since the SarkariaCommission had last looked at the issue of Centre-

State relations over two decades ago. In fulfilmentof that commitment, a Gazette Notification wasissued on September 30, 2005 indicatingGovernment’s resolve to set up the Commissionincluding the terms of reference of the Commission.The Commission has been constituted as under,vide Gazette Notifications dated April 27, 2007 andJuly 03, 2007:

Sl. No. Name Appointed as

(i) Shri Justice Madan Mohan Punchhi (Retd.) ChairpersonFormer Chief Justice of India

(ii) Shri Dhirendra Singh, IAS (KN: 68) (Retd.) MemberFormer Secretary to the GOI

(iii) Shri Vinod Kumar Duggal, IAS (AGMU: 68) (Retd.) MemberFormer Secretary to the GOI

(iv) Dr. N. R. Madhava Menon, Former Director, MemberNational Judicial Academy, Bhopal & National Law School of India,Bangalore

(v) *Dr. Amaresh Bagchi,Emeritus Professor, National Institute of MemberPublic Finance and Policy, New Delhi

4.43 The Chairperson of the Commission hasbeen given the status of a Cabinet Minister and theMembers have been accorded the rank of Ministersof State.

4.44 The Commission will devise its ownprocedure for the discharge of its functions, and theCommission may, if it deems it necessary so to do,undertake investigation or examination of suchmatters as it may deem fit to be made in suchmanner and by such persons as it may considerappropriate. The Ministries and Departments of theGovernment of India shall furnish such informationand documents and provide assistance as may berequired by the Commission from time to time. TheGovernment of India trusts that the StateGovernments/UT Administrations and others

concerned will extend their fullest cooperation andassistance to the Commission.

4.45 The Commission will complete its work andsubmit its report with recommendations within twoyears.

NATIONAL CRIME RECORDSBUREAU (NCRB)

AN ISO 9001 : 2000 Organisation

4.46 NCRB was set up in 1986 to function as aclearing house of information on crime and criminalsincluding those operating at national andinternational level so as to assist the investigatorsand others by linking crime to the perpetrators,

* Dr. A. Bagchi has since passed away on February 20, 2008.

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Organised Crime Intelligence System (OCIS)

4.49 The Organised Crime Intell igenceSystem (OCIS) aims to create a comprehensivedatabase in respect of criminals involved inactivities like smuggling of drugs and arms,manufacture of i l l icit arms and explosives,counterfeit currency, money-laundering, terroristactivities etc., and underworld elements, effectivecoordination among the police in respect of suchactivities, sharing of data and preparation ofbackground files on such criminals and organisedgangs. The pilot project on ‘Organised CrimeIntelligence System (OCIS)’ is operational inHaryana, Punjab, Jammu & Kashmir, UttarPradesh, West Bengal and Delhi with effect fromNovember, 2005 on the criminal activity of “Theftof Automobiles” and in Andhra Pradesh andMaharashtra for “Trafficking of Women andChildren for Prostitution and Maid Services”.States are collecting and compiling the informationfor OCIS databank in the standard format and alsoimproving the quality of databank. The proposalto rollout the OCIS in remaining States/UTs isunder consideration of the Ministry.

collection and processing of crimestatistics and finger prints; to coordinate,guide and assist the State CrimeRecord Bureaux and provide training topolice officers. NCRB endeavours toempower the Police with InformationTechnology and Criminal Intelligence toenable them to effectively and efficientlyenforce the law and improve publicservice delivery, as also to achieveexcellence in crime analysis andupgrade their capacity to useInformation Technology and IT enabledsolutions.

NATIONAL PROJECTS

Crime Criminal Information System (CCIS)

4.47 This system has been upgraded to CCISMulti-Lingual web-enabled (CCIS MLe) in the year2005 with facility for 5 regional languages i.e. Marathi,Gujarati, Tamil, Kannada and Gurmukhi, besidesEnglish and Hindi. Feature of crime analysis throughdata warehousing has also been added. Theapplication has been web-enabled so that the fieldlevel investigating and supervisory officers canaccess the CCIS MLe database at National and StateLevels through internet; anywhere - anytime. NCRBhas been conducting workshops and impartingtraining to senior and field-level police officers at theStates and District Headquarter levels on theirrequest.

4.48 Continuous efforts are being made toupdate the CCIS MLe database. Union HomeSecretary has written to all State Governments tocapture complete data for the last 5 years. Thisaspect is also being stressed in the meetings beingheld with the States in connection with PoliceModernisation and Monitoring Committee Meetings.All these efforts have yielded results and databasesize has increased to more than 3 crore records.However, the States need to continuously updatethe data and complete the backlog.

Union Home Minister attending NCRB's InvestitureCeremony on April 17, 2007

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Common Integrated Police Application(CIPA)

4.50 The project is aimed at building the basicinfrastructure and mechanisms for the Crime andCriminal Information System, based on Cr.PC whichis uniform across the country, from Police Stationlevel onwards. CIPA being a National project is tobe implemented in a time-bound manner from policestation level onwards for computerisation of policerecords and use of IT in their functioning on a uniformbasis throughout the country. Out of around 14,000police stations in the country, hardware has beendelivered at approximately 10% of police stations(1,280) from 28 States taken up in the first phase.The system has become operational in 1,298 policestations (1,156 in States + 142 in UTs) in the countrywhere work of registration of FIR and other moduleshas been started on Computers. Implementation ofphase-II in 30% more police stations has also beenstarted.

4.51 The national level Central CIPAImplementation Committee comprising of Director,NCRB and representatives from the Ministry ofHome Affairs (Police Modernisation and UnionTerritories Divisions), NIC, National Institute ofCriminology and Forensic Science and States, hasbeen constituted to monitor the implementation,approve the customisation requirement, etc inrespect of the different States/UTs. State and Districtlevel CIPA Implementation Committees have alsobeen formed. The process of customisation of thesoftware as per the requirements of the States is inprogress. State and Central level SoftwareDevelopment Teams have been formed toaccomplish this task.

4.52 State Crime Records Bureau and StatePolice Training Academies are conducting Statespecific courses in this connection with theassistance of NIC. NCRB has introduced twoadvanced courses on CIPA in its training calendarfor resource persons, who in turn will impart trainingand attend to trouble-shooting in the States. NCRBhas also proposed to start similar advanced coursesin Regional Police Computer Training Centres.Technical Assistants have been appointed at the

police stations for six months who will train thefunctional level police personnel and InvestigationOfficers (IOs) on this application.

4.53 Inspection of CIPA sites and workshopsare being conducted by NCRB teams which havevisited 11 States namely Assam, Bihar, Chhattisgarh,Gujarat, Jharkhand, Kerala, Manipur, Mizoram,Rajasthan, Tamil Nadu and West Bengal and wouldvisit the remaining States during the current financialyear.

4.54 A Sub-Group has been formed by thisMinistry with a specific mandate for evolution ofmethodology for vertical integration of CIPA andcommon software for adding further functionalities.The Sub-Group has conducted five meetings till dateand report is under preparation. System RequiredSpecification (SRS) for further functionalities are alsobeing finalised by the Sub-Group and two meetingsin this connection have been held.

4.55 This important programme was beingimplemented so far as a part of the Non-Plan Schemefor Modernisation of State Police Forces. During2007, it has been converted into a Plan Scheme withan Eleventh Plan outlay of Rs.2000 crore, with a viewto expand its coverage both territorially and infunctional terms. The latter would include high speedconnectivity right from police station to District, Stateand National levels, provision for public servicedelivery and linkages to data bases of other wings ofcriminal justice administration and Departments ofPrison, Prosecution, Judiciary, Forensic ScienceLaboratories, Finger Print Bureaux, TransportDepartment, Passport Offices, etc.

Public Service Delivery System

4.56 NCRB has also developed some systemswith a view to provide public services in the field ofcoordination of stolen and recovered properties,missing, kidnapped and arrested persons etc. onthe basis of available crime data from the States.

4.57 Motor Vehicle Coordination System(MVCS) is designed for coordination of stolen and

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recovered motor vehicles as well as inquiries relatingto them. It is also being used by the public toascertain the status of a used vehicle before enteringinto any transaction whether it is stolen or otherwise.Total 32 counters across the country (including oneat the NCRB Headquarters) are providing thisservice direct to the public. Approximately, 2,500inquiries are being replied every month by the NCRBcounter and 5,000 queries received from MotorLicensing Officers are also being replied throughthe system. The service has been web-enabled.

4.58 Fire-arm Coordination System providesinformation both to the police and public relating tolost, stolen and recovered firearms. Wanted-Arrested (Talash) System has also been designedfor matching of missing, kidnapped, wanted, traced,arrested, unidentified persons and dead bodies. TheSystem is operational at NCRB Headquarters andqueries, mainly from Police, are being processed.The data has also been uploaded on NCRB websitefor viewing.

4.59 Counterfeit Currency InformationSystem maintains data relating to counterfeitcurrency recovered by RBI branches and seized bypolice according to denominations, series andnumbers etc.

Portrait Building System

4.60 Window - based Portrait Building System hasbeen made available up to district level in all Statesand UTs. This system helps in preparing portraits ofsuspected criminals on the basis of informationprovided by the eye-witnesses. Total 3,068 portraitsin 1,862 cases have been prepared by NCRB tillDecember 31, 2007 by using this software.

Monitoring Committee

4.61 NCRB organizes regular MonitoringCommittee Meetings (MCMs) in order to monitor theperformance and discuss issues relating to variousNational Projects such as Crime CriminalInformation System (CCIS), Common IntegratedPolice Application (CIPA), Organised CrimeInformation System (OCIS), Automated FingerprintInformation System (AFIS) and other applicationsbeing implemented and maintained by NCRB.During these meetings, views of various policeorganisations and States/UTs are shared and follow-up actions are taken.

Quality Policy

4.62 NCRB has been taking action to complywith the standards requirements through a Quality

Union Home Minister presenting renewed ISO certificate to Director, NCRB

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Management System(QMS) , comprising InternalQuality Audits and feedback analysis to enhanceefficiency in the areas of public service deliveryand customer satisfaction. The Bureau of IndianStandards has renewed IS/ISO 9001 : 2000certification of NCRB, for a period of 3 years fromMarch 08, 2007 to March 07, 2010, based on theperformance of the Bureau in maintaining andcontinuously improving upon the effectiveness ofthe established QMS. The license was awardedto the Director, NCRB, by the Hon’ble Union HomeMinister on the occasion of the InvestitureFunction held on April 17, 2007.

Training

4.63 NCRB is running a number of specialisedcourses on Information Technology and FingerprintScience for Indian and foreign police officers. NCRBalso assists the State Police Computer TrainingCentres (PCTCs) in an effort to prepare an enablingIT environment and computer trained personnel rightdown to Police Station level. The table below givesthe number of courses run and persons trained atNCRB and State PCTCs during 2007 (April toDecember, 2007) :

AT AT TotalNCRB PCTCs

No. of Programmes 20 11 31conducted

No. of Officers 407 324 731Attended

4.64 NCRB also conducts two prestigiousforeigners’ training programmes, namely,‘Information Technology in Law Enforcement’ and‘Advanced Finger-Print Science and Computers’under the, ‘Indian Technical and EconomicCooperation, (ITEC) and ‘Special CommonwealthAfrican Assistance Plan’ (SCAAP) schemes ofMinistry of External Affairs as well as ‘TechnicalCooperation Scheme’ of Colombo Plan (TCS).

NCRB has trained 476 foreign police officers from69 countries since the inception of foreign trainingprogrammes in the year 1990.

CENTRAL FINGER PRINT BUREAU(CFPB)

4.65 The Central Finger Print Bureau (CFPB)came into existence in the year 1955 in Kolkata.The administrative control of CFPB wastransferred to NCRB in 1986. The CFPB is anapex body in the country which co-ordinates,guides, monitors and provides technical supportto the State Finger Print Bureaux, as well asinvestigating agencies and internationalorganisations in all matters related to the FingerPrint Science.

4.66 CFPB has done pioneering work inautomation of finger prints at national level using“Automated Fingerprint Identification System”. Itis a computerised system of matching fingerprintson the basis of ridge-characteristics. Ten-digitFinger Print databases of convicted and arrestedpersons are maintained. The databases relate to5,59,777 convicted persons, 2,33,783 SearchSlips (29%) of Arrested persons and the remaining12,846 records (1.6%) are Interpol references.The system is currently under upgradation.

4.67 The Bureau conducts a one-yearProficiency Course at its Kolkata Unit and twoAdvanced Courses in Finger Print Science forIndian and Foreign Police officers at Delhi. TheBureau brings out an annual publication on theactivities of State FPBs and CFPB and other alliedmatters.

SCHEME FOR MODERNISATION OFSTATE POLICE FORCES

4.68 The Scheme for ‘Modernisation of StatePolice Forces (SPFs)’ is a significant initiative of the

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Ministry towards capacity building of the SPFs;especially for meeting the emerging challengesto public order and internal security in the formof terrorism, naxalism and emerging new formsof crimes and criminal activities, etc. Some ofthe major items covered under the Schemeinclude construction of secure police stations,outposts, pol ice l ines, mobi l i ty, modernweaponry, surveillance, communication andforensic equipments, upgradation of traininginfrastructure, police housing, computerisation,etc.

4.69 The States have been categorised into‘A’ and ‘B’ categories with 100% and 75% Centralfunding, respectively. While J&K and eight NorthEastern States viz., Arunachal Pradesh, Assam,Manipur, Meghalaya, Mizoram, Nagaland,Tripura and Sikkim have been classified as ‘A’-category States, the remaining 19 States fall inthe ‘B’-category. The Scheme has beenformulated with the aim of accelerating theprocess of modernisation in the police forces,with focused priority on States facing problemsof terrorism and naxalism. The allocation in BE2007-08 under the scheme was f ixed atRs.1,013.83 crore.

4.70 The Scheme also includes a specialcomponent for strengthening the pol iceinfrastructure in the 76 naxal-affected districtsat the rate of Rs.2 crore per affected district peryear initially for a period of 5 years. Similarly, aprovision has been made for Rs. 1 crore perdistrict per year initially for a period of 5 yearsfor the 30 districts situated on internationalborders i.e. the Indo-Nepal and Indo-Bhutanborders.

4.71 The details of the Central assistancereleased to the State Governments during the last8 years are as under:

Sl. Financial AmountNo. Year released

(Rs. in crore)

i. 2000-01 1,000

ii. 2001-02 1,000

iii. 2002-03 695

iv. 2003-04 705.27

v. 2004-05 960

vi. 2005-06 1,025

vii 2006-07 1,065.25

viii. 2007-08 865.18*

Objectives

4.72 The main objective of the scheme is tomeet the identified deficiencies in various aspectsof police administration, which were worked out bythe BPR&D in a study done in the year 2000.Another objective of the scheme is to reduce thedependence of the State Governments on the Armyand CPMFs to control internal security and law andorder situations by capacity building of andequipping the SPFs adequately and imparting therequired training.

Impact of the Scheme

4.73 The scheme has made perceptible impactin all the States and has provided much-neededassistance and impetus to police modernisation.For instance, proper buildings for police stations/outposts with required facilities have provided asafe, secure and comfortable environment,construction of houses for police personnel andprovision of modern weapons have boosted theirmorale, particularly in extremist-affected areas.The increased availability of vehicles at cuttingedge level has improved mobility and reducedresponse time.

*As on March 13, 2008

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4.74 A satellite-based all-India policetelecommunication network, namely, POLNET isalso being funded under this Scheme. This is nowproposed to be suitably integrated with CIPA.

Mega City Policing and Desert Policing

4.75 A new concept of Mega City Policing(MCP) was introduced in 2005-06 under the Schemefor Modernisation of SPFs covering seven cities ofMumbai, Bangalore, Hyderabad, Chennai, Delhi,Kolkata and Ahmedabad. The respective States arerequired to include MCP proposals in their AnnualPlan. These proposals are considered andapproved by a High Powered Committee as anintegral component of the MPF Scheme pertainingto the respective States. The Plan has to be basedon a study on specific problem areas of MCPincluding details of demographic growth pattern,special problems faced in policing in large urbanareas and crime investigation, traffic management,infrastructure available in terms of modern controlrooms, digital radio trunking, communication system,PCR van network, etc. Financial assistance is alsogiven to mega cities for procurement of modern andinnovative equipment etc. as a part of the Scheme.

4.76 Desert Policing is also a new conceptwhich formed part of the Police ModernisationScheme from 2005-06. The Desert Policing isprimarily meant for the States of Gujarat andRajasthan to address the problems regardingpolicing in the large and scattered desert areas.Keeping in view the demographic distribution,problems in investigation, mobility andcommunication are given emphasis under thisScheme. Expenditure for this is met out of the fundsallocated under the MPF Scheme to the respectiveStates.

4.77 During the year 2006-07, Central funds tothe tune of Rs.110.43 crore were released for MegaCity Policing/Desert Policing. For the year 2007-08, Rs.96 crore has been allocated for MCP/DesertPolicing component under the MPF Scheme.

Strengthening of Special Branches

4.78 Keeping in view the crucial role of theSpecial Branches/ Intelligence set-up in the Statesand Union territories, particularly in the context ofterrorist threats, the Ministry has laid emphasis onearmarking up to 5% of the total funds allocatedunder MPF towards strengthening of their SpecialBranches in terms of modern equipment andgadgetry for communication, etc. It has also beenemphasised that the States should take action tosuitably enhance the manpower in the SpecialBranches from their own resources. Further, fournaxal affected States of Bihar, Chhattisgarh,Jharkhand and Orissa have been advised to includea specific sub-plan for strengthening of Specialbranches under the MPF Scheme, 2007-08.

4.79 With a view to ensuring that funds under thescheme can be released at the beginning of the year,it has been decided that the proposals of the Statesare sent by December 31, so that all approvals canbe given before the commencement of the financialyear. Action has also been initiated to develop a MISbased system for monitoring the progress of thescheme. Teams of the Ministry have also been visitingthe States for reviewing the progress.

The Private Security Agencies (Regulation)Act, 2005

4.80 In public interest and in order to regulatethe increasing activities of private security agencies,both Indian and foreign, “The Private SecurityAgencies (Regulation) Act, 2005” has been notifiedin the Gazette of India on June 23, 2005. Underthis Act, a Controlling Authority is to be appointedby the State Governments for granting licences toagencies for carrying on the business of securityagencies and other related matters.

4.81 The Central Government has framed the“Private Security Agencies Central Model Rules,2006” which were notified in the Gazette of India on

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April 26, 2006. These Rules have been sent to theState Governments for their guidance enabling themto frame their own rules, in conformity with theCentral Model Rules. The matter is being pursuedwith the State Governments. They have also beenadvised to take measures by which the huge poolof private security personnel could be effectivelyharnessed in the context of the overall securityenvironment.

The Private Detective Agencies (Regulation)Bill, 2007

4.82 The Private Detective Agencies(Regulation) Bill, 2007 was introduced by theMinistry in the Rajya Sabha in August, 2007. Theobjective of the Bill is to regulate the working ofPrivate Detective Agencies through a system ofmandatory licensing so as to ensure that they workwithin the ambit of legal framework and areaccountable to a regulatory authority. The Bill, atpresent, is being examined by the Department-related Parliamentary Standing Committee on HomeAffairs.

POLICE REFORMS

4.83 The Ministry of Home Affairs had set up aReview Committee to review the recommendationsof the National Police Commission and various otherCommittees that have examined issues related toPolice Reforms. In its report submitted to theGovernment in 2005, the Committee identified 49recommendations which were sent to the States/UTs for immediate implementation. TheGovernment have been exhorting the StateGovernments/UT Administrations for earlyimplementation of the said recommendations onpolice reforms.

4.84 The Supreme Court of India has alsopassed a judgement on September 22, 2006 in WritPetition (Civil) No.310 of 1996 – Prakash Singh andothers vs UOI and others on several issuesconcerning Police reforms. The Court in the said

judgement directed the Union Government and StatesGovernments to set up mechanisms as directed byDecember 31, 2006 and file affidavits of complianceby January 3 2007. The directions inter-alia were:-

� Constitute a State Security Commission onany of the models recommended by theNational Human Right Commission, theReberio Committee or the SorabjeeCommittee;

� Select the Director General of Police of theState from amongst three senior-most officersof the Department empanelled for promotionto that rank by the Union Public ServiceCommission and once selected, provide hima minimum tenure of at least two yearsirrespective of his date of superannuation;

� Prescribe minimum tenure of two years to thepolice officers on operational duties;

� Separate investigating police from law & orderpolice, starting with towns/urban areas havingpopulation of ten lakh or more, and graduallyextend to smaller towns/urban areas also;

� Set up a Police Establishment Board at thestate level for inter-alia deciding all transfers,postings, promotions and other service relatedmatters of officers of and below the rank ofDeputy Superintendent of Police; and

� Constitute Police Complaints Authorities at theState and District level for looking intocomplaints against police officers.

4.85 The Supreme Court has been monitoringthe compliance by the States and UTs in thesubsequent hearings, the last hearing being onMarch 12, 2008.

New Police Act

4.86 One of the focal areas of police reformshas been the need for replacement of the existing

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Police Act, 1861. Accordingly a Committee ofexperts was set up by the Ministry on September20, 2005 to draft a new Police Act. The Committeesubmitted the draft of a Model Police Act to theGovernment on October 30, 2006. A copy of thedraft Model Police Act has been sent to all StateGovernments/Union territory Administrations fortheir consideration and appropriate action. TheMinistry reviews the progress of action taken by theStates periodically with regard to legislation in theStates However, a view will have to be individuallytaken by the concerned States.

CRIME SCENARIO IN THE COUNTRY

4.87 Under the Seventh Schedule to theConstitution of India, ‘Police’ and ‘Public Order’ areState subjects and therefore, primarily the StateGovernments are responsible for prevention,detection, registration and investigation of crime andprosecution of perpetrators of crime within theirjurisdiction. However, Ministry of Home Affairssupplements the efforts of the State Governmentsby providing them financial assistance formodernisation of the State Police Forces in terms ofweaponry, communication, equipment, mobility,training and other infrastructure under the Scheme

of Modernisation of State Police Forces. Further,Government of India has been advising the StateGovernments to give more focused attention toimprove the administration of criminal justice systemand ensure under the existing laws safety and securityof Scheduled Castes, Scheduled Tribes, Women andother vulnerable sections of the society, includingchildren and elder persons from all types of crimes.

4.88 The Ministry is also concerned withcollection, compilation and analysis of crime dataand monitoring of enforcement of criminal lawspertaining to SCs, STs, women and children etc.,whereas the Ministry of Social Justice andEmpowerment and Ministry of Women and ChildDevelopment are nodal authorities concerned withtheir welfare, socio-economic development, policyand legislation (except administration of criminaljustice system) to protect their rights and promotetheir socio-economic status.

4.89 All cognizable crimes reported andinvestigated by the police are broadly categorizedas those falling under the Indian Penal Code (IPC)or the Special and Local Laws (SLL). A comparativestatement of crimes registered during the last fiveyears is given below :-

Incidence, rate and population growth during 2002 - 2006

Year Incidence Crime Rate Population % Variation in(in lakhs) IPC crime rate

IPC SLL IPC SLL Total Total % Growth as compared toprevious year

2002 1780330 3746198 169.5 356.6 526.1 10506 2.3 - 1.63

2003 1716120 3778694 160.7 353.7 514.4 10682 1.68 - 5.19

2004 1832015 4196766 168.8 386.6 555.4 10856 1.63 5.04

2005 1822602 3203735* 165.3 290.5 455.8 11028 1.58 - 2.07

2006 1878293 3224167 167.7 287.9 455.7 11198 1.54 1.45

* Variation in SLL crimes due to exclusion of large number of non-cognizable crimes under SLL by Kolkata City which were

wrongly reported by them before the year 2005.

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Crimes under Indian Penal Code

4.90 A total of 18,78,293 IPC crimes werereported during the year 2006 against 18,22,602 in2005 recording an increase of 3.1 per cent in 2006.Madhya Pradesh has accounted for 10.4 per cent

of total crimes reported in the country closelyfollowed by Maharashtra (10.2 per cent) and AndhraPradesh (9.3 per cent). These crimes are furthercategorised as crimes against body, property, publicorder and vulnerable sections of society namely,women, children and SCs/STs.

Disposal of Cases - IPC Crimes

Year Cases Cases Charge- Conviction Cases CasesRegistered Charge- sheeting Rate Pending Pending Trial

sheeted Rate Investigation at the Endat the End of Year

of Year

2002 1780330 1335792 80.0 40.6 453924 5312853

2003 1716120 1271504 80.1 40.1 471339 5451727

2004 1832015 1317632 79.8 42.5 543056 5636391

2005 1822602 1367268 80.7 42.4 568773 5822752

2006 1878293 1374282 80.6 42.9 637014 5999200

4.91 Cases charge-sheeted have shown anincreasing trend during 2004 to 2006. Charge-sheeting rate has been around 80% during 2002 to2006. Conviction rate has been approximately halfof the charge-sheeting rate during this period. Cases

pending investigation at the end of the year haveshown an increasing trend during 2002–2006.Similarly, cases pending trial at the end of the yearhave also shown an increasing trend during thisperiod.

Persons Arrested and their disposal (IPC Cases)

Year Persons Persons Persons Persons PersonsArrested Charge- Convicted Pending Pending

sheeted Investigation at Trial at thethe End of Year End of Year

2002 2748547 2646971 731255 500199 10911952

2003 2510892 2359302 625942 519726 11081689

2004 2660910 2486770 653816 556425 11420173

2005 2621547 2489071 675192 558881 11640286

2006 2653683 2490168 706080 606520 11885654

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4.92 Persons arrested during 2002 – 2006 haveshown a mixed trend, however it was around 26.5lakh during 2004 to 2006. Persons charge-sheetedhave shown an increasing trend during 2004 to2006. Persons pending investigation and trial at theend of the year have shown an increasing trendduring 2002 to 2006.

Violent Crimes against Body

4.93 Violent crimes against body comprisingmurder, attempt to commit murder, culpablehomicide not amounting to murder, kidnapping andabduction, hurt and death due to negligence in theyear 2006 stood at 4,30,498 accounting for 22.9 percent of total IPC crimes during the year. Crimesagainst body showed an increase of 0.2 per centduring 2006 over 2005.

Violent Crimes against Property

4.94 A total of 3,92,352 violent crimes againstproperty comprising dacoity, preparation andassembly for dacoity, robbery, burglary and theftwere recorded during the year 2006 as comparedto 3,88,867 crimes during 2005, showing a marginalincrease of 0.9 per cent. The share of these crimesto total IPC crimes at the national level was 20.9per cent during the year.

Violent Crimes against Public Order

4.95 A total of 65,121 violent crimes againstpublic order comprising riots and arson werereported during the year 2006 as compared to64,686 crimes in 2005, showing an increase of 0.7per cent.

Crimes under Special and Local Laws (SLL)

4.96 A total of 32,24,167 crimes under variousSpecial and Local Laws were reported during theyear 2006 as against 32,03,735 crimes during 2005,showing a marginal increase of 0.6 per cent in 2006.

CRIMINAL JUSTICE SYSTEM

4.97 The Ministry of Home Affairs is concernedwith the legislative aspects of the Indian Penal Code(IPC), 1860 and the Criminal Procedure Code(Cr.P.C.), 1973; petitions for mercy, remission andpardon made to the President of India under article 72of the Constitution of India; sanction for prosecutionunder section 188 of Cr.P.C., 1973 and withdrawal ofcases under section 321 of Cr.P.C., 1973.

The Code of Criminal Procedure(Amendment) Bill, 2006

4.98 On the basis of the recommendations ofthe Law Commission in its 154th , 177th and 178th

Reports, a Bill namely the Code of Criminal Procedure(Amendment) Bill, 2006 was introduced in the RajyaSabha on August 23, 2006 proposing to amendvarious provisions of the Cr.P.C., 1973. Highlights ofthe Bill to amend the Cr.P.C. are as follows:

� Changes in the law relating to arrest

� Provisions regarding summons cases/trials

� Compounding of Offences (proceduralsimplification)

� Victimology

� Protection of Women

� Adjournments – avoidance of

� Witnesses turning hostile – measures to curb

� Use of Modern Technology

� Inquiry and trial of persons of unsound mind

� Bail Bond (in case of acquittals)

4.99 The Bill was examined by the ParliamentaryStanding Committee on Home Affairs and theCommittee has submitted its report. The report isbeing examined for further necessary action.

172nd Report of the Law Commission on‘Review of Rape Laws’

4.100 The Law Commission in its 172nd Reporthas recommended changes for widening the scope

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of the offence in section 375 of IPC and to make itgender neutral. Various other changes have beenrecommended in sections 376 and 376A to 376D ofIPC and insertion of a new section 376E of IPCdealing with unlawful sexual contact, deletion ofsection 377 of IPC and enhancement of punishmentin section 509 of IPC. The Commission has alsorecommended changes in the Cr.P.C., 1973 and theIndian Evidence Act, 1872.

4.101 The Report was referred to the StateGovernments for seeking their views, which havesince been received in most cases, and are beingexamined and processed for further action. Inthe meantime the report of the NationalCommission for Women for the year 2004-05,suggesting a number of measures on rape laws,has also been received. The recommendationshave been forwarded to the State Governmentsfor their views.

Report of the Committee on Reforms ofCriminal Justice System

4.102 The Committee on Reforms of CriminalJustice System set up under the chairmanship ofDr. (Justice) V.S. Malimath, former Chief Justice ofKarnataka and Kerala High Courts, submitted itsreport to the Government on April 21, 2003. TheCommittee made 158 recommendations. TheReport has been referred to the State Governments/UT Administrations requesting them for their views.Views of only some of the States/UTs have beenreceived. The matter is being followed up.

Draft National Policy on Criminal JusticeSystem

4.103 In the meanwhile, a Committee constitutedunder the chairmanship of Prof. N.R. MadhavaMenon to draft a National Policy Paper on CriminalJustice System has submitted its report to theGovernment on August 1, 2007. Since the CriminalLaw and Criminal Procedure are in the ConcurrentList of the Seventh Schedule to the Constitution of

India, the report has been referred to StateGovernments/UT Administrations for their views/comments. After receipt of their comments, furtheraction will be taken.

Mercy Petitions under Article 72 of theConstitution of India

4.104 28 cases in respect of mercy petitions fromcondemned prisoners have been received in theMinistry since 1997 for commutation of death sentence.25 cases have been processed in the Ministry andplaced before the President for taking a decision.

4.105 29 petitions for remission of sentence/pardon from persons sentenced under variousCentral Laws are under process in this Ministry. 6cases have been disposed of till March 17, 2008 inwhich the remission of sentence has been grantedin 4 cases.

Sanction for Prosecution u/s 188 of Cr.P.C.,1973

4.106 94 requests for sanction of the CentralGovernment for prosecution under section 188 ofCr.P.C., 1973 in respect of Indian citizens acusedof committing offences abroad/overseas are underprocess in this Ministry. Sanction of the CentralGovernment for prosecution has been granted in35 cases till March 17, 2008.

Withdrawal of cases u/s 321 of Cr.P.C., 1973

4.107 34 requests from various StateGovernments for permission of the CentralGovernment under section 321 of Cr.P.C. 1973 forwithdrawal of prosecution of the cases involvingprovisions of various central laws are under processin this Ministry. 3 cases have been disposed tillMarch 17, 2008.

STATE LEGISLATIONS

4.108 The Ministry of Home Affairs is the nodalMinistry for processing legislative proposals (under

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Concurrent List in the Seventh Schedule of theConstitution) received from the State Governmentseither for prior approval of the Government or forobtaining the assent of the President. Bills underarticle 201 of the Constitution, Bills for previoussanction under proviso to article 304(b) of theConstitution, Ordinances under proviso to Clause 1of article 213 of the Constitution, and Regulationsfor Scheduled Areas (Fifth Schedule to theConstitution) fall in this category.

4.109 In addition, Bills which are required to bereserved for consideration of the President, aresometimes sent by the State Governments forapproval of the Central Government, before theirintroduction in the State Legislatures. Though, it isnot a constitutional requirement, this administrativestep helps in prior scrutiny of the draft legislationbefore President’s assent is obtained.

4.110 The legislative proposals are examinedin consultation with the concerned Ministries/Departments of the Government of India. The UnionGovernment favours expeditious approval of theselegislative proposals and accordingly, time limitshave been prescribed for their examination by theconcerned Ministries/Departments.

4.111 The position is reviewed periodicallythrough meetings with the Union Ministries and theconcerned State Governments to facilitate earlyclearance of Bills.

Proposals received and finalised

4.112 During the period from April 1, 2007 to March17, 2008, the Ministry of Home Affairs received51 proposals for approval/assent of the Governmentof India/President of India. The number of proposalsfinalised during this period is as follows:-

Sl.No. Particulars Number

I Bills for the consideration and assent of the President under article201 of the Constitution:

(i) Bills assented to by the President 25(ii) Bills returned to the State Government with Message from President 06(iii) Bill withdrawn by State Governments 02

II Ordinances for Previous instructions of the President underarticle 213 (1) of the Constitution:

(i) Instructions of the President conveyed 03(ii) Ordinances closed 03(iii) Refused 01

III Bills for previous sanctions of the President under article304 (b) of the Constitution:

(i) Previous sanction of the President conveyed 01

IV Bills for approval of the Government of India beforeits introduction in the State Legislature:

(i) Approval granted 12(ii) Bills closed 04(iii) Refused 01

Total 58

* This also includes Legislative proposals received before April 1, 2007.

*********