The police in developed countries face relatively few incidents of organized public defiance, and therefore the exercise of police discretion in handling major law and order problems has not been a focus of study. In contrast, the multicultural and multiethnic society in India, struggling to form a modern nation through a competitive democratic framework, presents situations virtually every day in which the police have to use discretionary judgments in maintaining order within a legal framework. The police in India have in fact failed to gain trust from common public, it will be relevant to point out herein that on various occasions the assumption of police has proven wrong and erroneous since they lack in broader perspective of issues and there approach is very limited and narrow. This paper examines the incompetence of Police in maintaining law and order by handling communal clashes between different religious groups, in dealing with political agitations and demonstrations, and in controlling crowds during visits by political leaders. Several tactics utilized by police administrators in dealing with large masses of people in these situations are described as well as the problems that arise from their discretionary judgments.

Keywords: Police System; Law and Order; Discretionary Judgments.