The Special Protection Group Act, 1988
📌 Background & Purpose
The Special Protection Group Act, 1988 was enacted by the Indian Parliament to provide security to the Prime Minister of India and certain other dignitaries. This was primarily due to the assassination of Prime Minister Indira Gandhi in 1984, which exposed gaps in VIP security arrangements.
The Act formalized the establishment of the Special Protection Group (SPG) as an armed force of the Union, with specialized training and authority to protect the Prime Minister and their immediate family.
📌 Structure of the Act
1. Establishment of SPG (Section 3)
Constitutes the Special Protection Group (SPG) as a federal security force.
Its primary duty: provide proximate security to the Prime Minister of India and former Prime Ministers, along with their immediate family members.
2. Definitions (Section 2)
"Proximate Security" means protection provided from close quarters during residence, travel, and functions.
"Immediate Family Member" includes spouse, children, and parents (living with PM).
3. Security Coverage (Section 4 – amended over time)
Initially, both the Prime Minister and former Prime Ministers (for 10 years after leaving office) were covered.
The 2003 Amendment restricted it only to the Prime Minister and his/her immediate family.
However, if there is a specific threat assessment, even former PMs and their families may be provided SPG security.
4. Control & Administration (Section 5)
SPG functions under the Cabinet Secretariat of the Central Government.
Director of SPG heads the force, an officer of the rank of Director General of Police.
5. Powers & Immunities
SPG officers enjoy protection for acts done in good faith under the Act.
They can coordinate with state police and central agencies for threat assessment and security operations.
6. Offences & Penalties
Impersonating an SPG officer or obstructing their duty is a punishable offence under the Act.
📌 Important Amendments
1991 Amendment – Expanded coverage after Rajiv Gandhi’s assassination.
2003 Amendment – Restricted SPG protection only to the serving Prime Minister and their immediate family. Former PMs lost automatic SPG cover.
2019 Amendment – Ensured SPG protection only to:
Prime Minister and immediate family.
Former PMs and their families only for 5 years after demitting office, subject to threat perception review.
📌 Case Laws on SPG Act
1. Sonia Gandhi v. Union of India (2003, Delhi HC)
Petition was filed challenging withdrawal of SPG cover to former PMs and their families.
Court held that security is a matter of executive policy based on threat perception. Parliament has the power to decide the extent of SPG protection.
2. Atal Bihari Vajpayee v. Union of India (2004)
Former PM Atal Bihari Vajpayee’s family challenged the withdrawal of SPG protection.
The Court reiterated that SPG cover is not a fundamental right, but a statutory privilege given by Parliament which can be amended or withdrawn.
3. Priyanka Gandhi Vadra Case (2019)
After the 2019 amendment, the SPG cover for the Gandhi family (Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra) was withdrawn.
They challenged it in court, but the judiciary upheld the government’s decision, stating that SPG cover is based on law and security assessment, not on personal preference.
📌 Significance of the Act
Ensures highest-level security for the Prime Minister of India.
Balances cost of security with democratic principles, since SPG cover is extremely resource-intensive.
The Act also reflects the dynamic nature of threat perception in Indian politics (Indira Gandhi’s assassination in 1984, Rajiv Gandhi’s in 1991).
✅ In summary:
The Special Protection Group Act, 1988 institutionalized an elite force to protect India’s Prime Minister and immediate family. Through amendments, its scope has been limited to reduce misuse and overextension. Courts have consistently held that SPG security is a statutory right, not a constitutional guarantee, and the government can regulate or withdraw it depending on threat perception.
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