SPECIAL PROTECTION GROUP
(AMENDMENT) ACT, 2019 THE
SPECIAL PROTECTION GROUP (AMENDMENT) ACT, 2019 [Act
No. 43 of 2019] [09th
December, 2019] An Act further to amend the Special Protection
Group Act, 1988. Be it enacted by Parliament in the
Seventieth Year of the Republic of India as follows:-- (1) This Act may be
called the Special Protection Group (Amendment) Act, 2019. (2) It shall come into force
on such date[1]
as the Central Government may, by notification in the Official Gazette,
appoint. In section 4 of the Special
Protection Group Act, 1988 (34 of 1988),-- (i) for sub-section (1),
the following sub-section shall be substituted, namely:-- "(1) ?There shall be an armed force of the Union
called the Special Protection Group for providing proximate security to,-- (a) the Prime Minister
and members of his immediate family residing with him at his official
residence; and (b) any former Prime
Minister and such members of his immediate family as are residing with him at
the residence allotted to him, for a period of five years from the date he
ceases to hold the office of Prime Minister."; (ii) in sub-section (1A), for
clause (b), the following clause shall be substituted, namely:-- "(b) where the proximate security
is withdrawn from a former Prime Minister, such proximate security shall also
stand withdrawn from members of immediate family of such former Prime Minister.". Statement of Objects
and Reasons - SPECIAL PROTECTION GROUP (AMENDMENT) ACT, 2019 STATEMENT
OF OBJECTS AND REASONS 1.
The
Special Protection Group Act, 1988 (the Act) was enacted to provide for the
constitution and regulation of the Special Protection Group (SPG) as an armed
force of the Union for providing proximate security to the Prime Minister and
his immediate family members. The Act was amended in 1991, 1994, 1999 and 2003
to extend SPG cover to former Prime Ministers and their immediate family members
also, for different periods from demitting office of the Prime Minister. In
2003, it was last amended to extend SPG cover to former Prime Ministers and
their immediate family members for one year of the demitting office of Prime
Minister and thereafter based on level of threat periodically assessed by the
Central Government. 2.
In
the Act, there is no cut off period for providing the SPG protection to former
Prime Ministers or members of their immediate families. Thus, the number of individuals
to be provided SPG cover can potentially become quite large. In such a
scenario, there can be severe constraint on the resources, training and related
infrastructure of SPG. This can also impact the effectiveness of SPG in
providing adequate cover to the principle protected, the Prime Minister in
office. 3.
Now,
therefore, it is considered essential to amend the Act to focus on core
mandate, as the security of the Prime Minister, as Head of the Government, is
of paramount importance for Government, governance and national security. It
assumes special significance in the given geo-political context of the country,
its hostile neighborhood and the multi-layered dimensions of threat the country
is exposed to. In recognition of this critical security imperative for the
Prime Minister in office, a special enactment was made to constitute the
Special Protection Group with the sole objective of providing proximate
security to the Prime Minister and the members of his immediate family. 4.
The
proposed Bill provides for the following, namely:-- (a) to substitute
sub-section (1) of section 4 so as to provide that the Special Protection Group
shall provide proximate security to the Prime Minister and members of his
immediate family residing with him at his official residence and to any former
Prime Minister and such members of his immediate family as are residing with
him at the residence allotted to him, for a period of five years from the date
he ceases to hold the office of Prime Minister; (b) to substitute clause
(b) of sub-section (1A) of section 4 so as to provide that where the proximate
security is withdrawn from a former Prime Minister, such proximate security
shall also stand withdrawn from members of immediate family of such former
Prime Minister. 5.
The
Bill seeks to achieve the above objectives.
Preamble - SPECIAL PROTECTION GROUP (AMENDMENT) ACT, 2019PREAMBLE