2.5.7. Deployment of central para-military forces in states

The Constitution of India mandates that maintenance of law and order is a state subject which they perform with the help of Police Act of 1861. The Union list of VII Schedule of the constitution of India however, indicates several spheres of police works in which the Centre plays a vital role. Thus, Central Police Organisations (CPO) derive their constitutional validity from these provisions.

The term “aid to civil authorities” (ACA) is a British imperial usage referring to the process by which local authorities can request the Central Government to lend assistance in times of emergency. This is where the role of force like CRPF comes into play to tackle problems beyond the capacity of the state police force.

However, there are certain issues with such deployments:

♤ Deployment of central forces directly by Centre can occur only in emergency after informing the State concerned or when there is a constitutionally declared emergency. However, centre does not follow such norms.

♤ In many instances, centre takes the unilateral decision to deploy them even when there has been no such request from the states.

♤ Although the subject list specifies such deployments can be in the aid of civil authorities, it is seen that they are deployed for mundane tasks as well. For example – protecting CBI officials in Kolkatta.