Justice In The Hands Of The Enforcer: Analyzing Magisterial Powers Under The Commissionerate System
- IJLLR Journal
- Apr 11
- 1 min read
Shambhavi Upadhyay, Research Scholar, Dr Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
The Commissionerate System of policing, which is in operation in a number of large Indian cities, places a single person in the position of both executive magisterial and policing function, the Police Commissioner, in constitutional propriety, the rule of law, and civil liberties provoking fundamental concerns of structural amalgamation. This paper takes a methodical look at magisterial powers operated within the Commissionerate framework (including preventive and regulatory powers under the Bharatiya Nagarik Suraksha Sanhita, 2023, BNSS) and their constitutional basis, as well as the strains of concentration of power in the hands of the police. This article cites judicial pronouncements, parliamentary committee reports, and comparative administrative analysis and proposes that although the Commissionerate model can be warranted on operational efficiency, effective accountability, judicial review and precision of legislative language are essential to ensure that the administration of justice is not subjugated to the requirements of enforcement. The paper ends with proposals of reforms that can be used to tune the balance between security governance and constitutional liberties.
