- (1.) The People of India, that is Bharat, gave to themselves a written Constitution effective from 26th January, 1950, ordaining in Article 74 that there shall be a council of ministers with the Prime Minister as the Head, to aid and advice the President. The importance of the office of the Prime Minister in a parliamentary democracy is well understood and needs no elaboration. In the course of time, on October 31, 1984, the People of India suffered assassination of their Prime Minister, Shrimati lndira Gandhi, during a period of great turmoil and tumult. Her son, Shri Rajiv Gandhi then stepped forward to serve the country as Prime Minister, when the cult of violence had begun and was expected to gain ground. During his tenure, need was felt to provide high security to the Prime Minister of India and the members of his immediate family, since there had been several threats to his life. A Bill which led to the passing of the Special Protection Group Act 1988 (for short the 'Act') was introduced in the Parliament by giving out the following: "STATEMENT OF OBJECTS AND REASONS During the last few years, terrorism has been steadily assuming menacing proportions in various parts of the country and abroad. In addition to indulging in wanton killings, arson, looting and other heinous crimes with the object to overawing the Government, terrorists aim to destabilise the democratically elected Government by resorting to selective killing of prominent members of the public including those who are in the Government. During the last three years, the present Prime Minister has been under several threats to his life. 2. With a view to providing the proximate the security to the Prime Minister and the members of his immediate family, both in India as well as abroad, it has been decided to raise a special force. Accordingly, the Special Protection Group was set up in April 1985 under the Cabinet Secretariat. 3. The Special Protection Group is intended to serve as a single specialised agency consisting of highly motivated professionals charged with the responsibility of ensuring the proximate security of the Prime Minister and the members of his family. 4. It is essential that matters concering the force should be regulated by a self-contained statute. Which will also provide the essential legal status to its functioning. 5. The proposed legislation will constitute the force as an armed force of the Union. It will lay down the terms and conditions of service of the members of the force and provide for its control and direction. It has provisions restricting the application of some of the Fundamental Rights to the members of the force in so far this is necessary for the maintenance of discipline. Keeping in view, the exclusive task entrusted to the force, it is proposed to make it obligatory on the part of Ministries and Departments of the Central and State Governments and the Union Territories. Indian Missions abroad and local or other authorities, civil or military, to act in aid of the Group." The Act came into force on June 2, 1988.
(2.) On December 2, 1989, Shri Rajiv Gandhi demitted the office of Prime Minister. On May 21, 1991, he was assassinated, whereafter need was felt to bring the former Prime Ministers of India and the immediate members of their families under the umbrella of the Act. Therefore a Bill passed by the Parliament brought forth the necessary amendment with effect from 25-9-1991, whereunder every former Prime Minister of India was brought at par with the existing Prime Minister of India for being extended high security. The following was the statement of objects and reasons made in the Parliament when introducing the amendment: "STATEMENT OF OBJECTS AND REASONS Following the tragic assassination of Shri Rajiv Gandhi, Government have received reports that indicate that several extremist organisations, inside and outside India, are conspiring to cause harm to the members of his immediate family. The threat perception emerging from these reports confirms that the danger to the members of the immediate family of the assassinated ex-Prime Minister is grave and serious. 2.The Central Government have been considering ways and means for providing adequate arrangements for the security of the members of the immediate family of the assassinated ex-Prime Minister consistent with the high level of threat. 3. With a view to ensuring proximate security for the members of the immediate family of such assassinated Prime Minister and assassinated ex-Prime Minister who continue to be under serious threat, it is considered necessary that such security of the said members of immediate family should be brought within the purview of the Special Protection Group. Since the role of the Special Protection Group as at present provided by law is to provide proximate security only to the Prime Minister and members of his immediate family, an amendment of the Special Protection Group Act, 1988 is necessary to enable the Special Protection Group to take up the task of providing proximate security to the said members of the immediate family." The Act was further amended w. e. f. November 16, 1994 to extend the period of security from a period of five years to ten years from the date of the Prime Minister demitting Office.
(3.) The Act is thus very special in nature, in as much as the Prime Minister of India and the members of his immediate family as well as former Prime Minister of India and the members of their immediate families form a distinct group which are under the protective cover of the Act; the only distinction being that the Prime Minister cannot shake off the protective cover but any member of his immediate family, a former Prime Minister or any member of his immediate family, can and may decline such protective cover, and in that case the obligation to provide security gets lifted.;