Kerala High Court Stays Operation Of Govt Order Reorganising Police Associations In State

Justice Bechu Kurian Thomas passed the interim direction on a plea filed by Kerala Police Association (KPA).

The writ petition challenged the government order dated July 27, 2026, through which the State Government approved reorganisation of police associations based on the recommendation of the State Police Chief.

When the matter was taken up today, the Court found that there was absence of prima facie reasons to bifurcate the existing association and hence stayed the operation of the government order.

“Having regard to the nature of contentions urged including the provisions of Article 33 of the Constitution of India and also the absence of any prima facie reasons in exhibit P3 to bifurcate the existing associations, this Court is of the view that if the balance of convenience is in favour of staying the operation of Ext. P3 until the writ petition is disposed of. If the Ext. P3 is not staying, it will become .. resulting in the writ petition itself becoming infructuous. Hence there will be a stay on the operation Ext P3 for a period of three weeks.” Court ordered.

During the hearing, it was submitted that an ad hoc committee had been constituted pursuant to the GO. The Court noted that since the creation of the ad hoc committee flows from the GO, it cannot function until further orders.

“Learned senior counsel submitted relying on the R4 A submitted that ad hoc committee has been constituted on 27/07/ 2026. Though it has been pointed out that it is noticed that the creation of the ad hoc committee flows from the Ext. P3 order. Since the operation of Ext. P3 has been stayed, the ad hoc committee cannot function until further orders.” Court ordered.

According to the petition, the Kerala Police Association, established in 1979 in implementation of the National Police Commission recommendations, presently represents Civil Police Officers, Police Constables, Senior Civil Police Officers, Head Constables and Havildars. The petitioner states that three separate police associations have been functioning independently for nearly five decades to represent different ranks within the police force.

The petition states that the impugned GO proposes to reconstitute the Kerala Police Association by including Grade Assistant Sub Inspectors, Assistant Sub Inspectors and Grade Sub Inspectors and abolish the Kerala Police Officers Association.

It further states that the order proposes to redistribute the abolished association's assets, bank accounts, deposits and other rights between the Kerala Police Association and the Kerala Police Senior Officers Association in a 60:40 ratio and freeze the existing elected committees.

It also proposes to constitute ad hoc committees at the State and district levels to administer the associations; and conduct elections to the newly reorganised associations on or before September 30, 2026.

The petitioner argues that the Government's action amounts to an impermissible interference with the fundamental right guaranteed under Article 19(1)(c) of the Constitution, which protects the freedom to form associations.

The petitioner argues that police personnel constitute a force charged with the maintenance of public order and that only Parliament has the constitutional authority under Article 33 to restrict or modify their fundamental rights. It therefore contends that the Kerala Government lacks competence to restructure police associations in a manner affecting those rights.

The petition also asserts that the impugned order was issued without consultation with the affected associations and allegedly violates the associations' own bye-laws, which require approval by a two-thirds majority of the general body for amendments affecting the basic structure.

The matter is posted on 03 August for further consideration.

Case Title: Kerala Police Association v The State of Kerala

Case No: WP(C) 26155/ 2026

Counsel for Petitioner: Babu S. Nair, Smitha Babu, P.A. Rajesh, Pranav, K.P. Dhaneesh, Siddharth Karun Pisharody, Farsana Noushad