KP’s New Police Act: Experts call for provincial police service to end cadre dependence on PSP

PESHAWAR – The Khyber Pakhtunkhwa Cabinet has approved the revised Khyber Pakhtunkhwa Police Act 2026, which is expected to be placed before the provincial assembly for legislation.The draft was approved at the 59th cabinet meeting on September 23 after incorporating recommendations of a cabinet sub committee constituted to examine the proposed law.A major issue emerging from the proposed legislation, however, is whether increasing direct recruitment of Deputy Superintendents of Police (DSPs) through the Khyber Pakhtunkhwa Public Service Commission alone can provide a sustainable provincial career structure for police officers.Under the proposed framework, Section 29 reportedly seeks to increase the proportion of DSPs recruited directly through the provincial Public Service Commission from 5 per cent to 15 per cent.While the measure could increase provincial recruitment at the entry level, it may not, by itself, resolve the structural issue of career progression for provincial police officers.

The core issue: recruitment without a complete provincial cadre

At present, a substantial number of senior police positions in BS 18 and above are occupied by officers belonging to the Police Service of Pakistan (PSP).Although policing is principally a provincial responsibility following the 18th Constitutional Amendment, important aspects of the cadre and service structure of senior police officers remain governed by the federal PSP framework.The Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985 provide a mechanism under which members of a provincial police cadre can be appointed to PSP.Rule 7 provides for appointment of provincial police cadre members to the PSP on the recommendation of the Governor, subject to the prescribed provincial share of senior cadre posts.

Consequently, a provincial officer recruited and developed within the provincial police system may, after promotion and fulfilment of the prescribed conditions, become part of the federal PSP cadre through encadrement.This creates a structural question: whether the province should merely increase recruitment at the DSP level or establish a complete provincial police career structure extending from BS 17 to BS 21.Need for a Provincial Police Service Police service stakeholders and administrative experts have long argued that the more fundamental reform would be the creation of a dedicated Provincial Police Service (PPS) with its own cadre, promotion mechanism and clearly defined senior posts.Under such a model, posts from BS 17 to BS 21 could be distributed between PSP and the proposed PPS according to a clearly defined statutory formula.Provincial officers would then have a legally protected career path allowing them to rise to senior positions while remaining members of the provincial service.A comparable concept already exists in the provincial civil bureaucracy.The Khyber Pakhtunkhwa Provincial Management Service Rules, 2007 provide a formal provincial service structure, including provisions relating to departmental training, examinations and promotion to higher grades.The rules also expressly provide for distribution of posts between the All Pakistan Unified Group and provincial officers.A similar framework for police could provide provincial officers with a defined route from BS17 through BS 21 without making encadrement into PSP the principal avenue for reaching senior positions.

The PSP, PPS formula

A possible reform model would therefore involve: creation of a statutory Provincial Police Service (PPS); establishment of a complete PPS cadre from BS 17 to BS 21; clearly defined promotion and training requirements; allocation of senior police posts between PSP and PPS according to a transparent statutory ratio; protection of provincial officers’ promotional opportunities within their own service; a clear mechanism for recruitment, promotion, seniority and posting within the PPS; and preservation of a defined federal provincial balance in senior police appointments.Such a structure could be modelled, in broad administrative terms, on the manner in which PAS and PMS cadres coexist in the provincial civil administration, while taking into account the distinct constitutional and operational requirements of policing.The present framework demonstrates why the issue is not simply one of recruitment numbers.Judicial and service law records show that provincial police officers promoted to BS18 can become eligible for appointment, encadrement in PSP against the provincial share of senior cadre posts under the 1985 Rules.A recent service law decision has also reiterated the operation of Rule 7 and the provincial quota mechanism.

Federation of Pakistan, the court examined the relationship between provincial police officers, Rule 7 and provincial vacancies in the PSP cadre, emphasizing the requirement for timely processing of eligible provincial officers against the province’s allotted share.Thus, the underlying policy question remains whether provincial police officers should have to enter the federal PSP structure in order to access the higher ranks, or whether the province should establish sufficient senior posts within a separate provincial cadre.

Career progression for provincial police officers

The absence of a complete provincial police service structure can particularly affect officers who spend a substantial portion of their careers in the provincial cadre. By the time some officers reach BS 18, their remaining service period may leave limited opportunities for progression to BS 19, BS 20 and BS 21.A properly constituted PPS could address this problem by making career progression an integral part of the provincial police structure rather than treating senior appointments primarily through the federal cadre.The reform would also potentially create a more clearly defined career ladder for police personnel, from the lower ranks through the officer cadre, subject to the applicable service rules and promotion criteria.

A wider question of provincial autonomy

The debate ultimately extends beyond the proposed increase in direct DSP recruitment.The more fundamental issue is whether a province responsible for policing should have a complete and sustainable provincial police service structure, including its own senior cadre.The proposed Police Act could therefore become an opportunity to address the issue comprehensively by incorporating provisions for a Provincial Police Service, its cadre structure, promotion mechanism and a legally defined PSP, PPS posts sharing formula, rather than limiting reform to an increase in direct DSP recruitment.

Such legislation would provide a clearer statutory framework for the respective roles of federal and provincial police cadres while strengthening the institutional capacity of the provincial police administration.The key question before the provincial legislature, therefore, is not merely how many DSPs should be recruited directly, but whether KP police officers should have a complete provincial career structure capable of taking an officer from BS 17 to BS 21 within the provincial service.

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