President Murmu Gives Nod To Himachal Bill Shielding Public Servants From Arrest Without Government Sanction

President Droupadi Murmu has assented to a bill passed by the Himachal Pradesh Assembly, which shields public servants from arrest without government sanction, reported The Hindu.

The Congress-ruled State Assembly passed the Himachal Pradesh Police (Amendment) Bill, 2024 on 20 December 2024.

Bharatiya Janata Party (BJP) members in the State Assembly opposed the bill, stating it would protect corrupt government officials.

State legislation undergoes examination from three angles: inconsistency with Central laws, deviation from national or Central policy, and legal and constitutional validity.

After inter-Ministry consultations, the President of India, based on the Union Ministry of Home Affairs' advice, either rejects, assents to, or returns State Bills with comments.

The Himachal Pradesh Police (Amendment) Bill, 2024, reportedly amends Section 65 of the Himachal Pradesh Police Act, 2007, by inserting a new provision: “No police officer shall arrest a public servant for any act done while discharging his duties as a public servant except with the prior sanction of the government.”

Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu stated in the objects and reasons that the amendment was being brought “to enable public servants to discharge their duties fearlessly,” and the bill proposed to grant them protection from arrest.

The bill also paves the way for recruiting non-gazetted Grade II police officers to the state cadre through the Police Recruitment Board, removing the need for a separate district cadre.

Additionally, it allows the state government to nominate junior officers for the constitution of the District Police Complaint Authority if senior officers are unavailable.

The assent to the bill comes after the Supreme Court ruling on 8 Aprilon judicial intervention prevailing if Governors withheld legislative Bills for indefinite periods.

The Apex Court also prescribed a three-month timeline to the President to make a decision on bills that the governor referred.