ADDL.R3:SUGUNAN A.P. vs THE KERALA POLICE OFFICERS' ASSOCIATION
- Court
- Kerala High Court
CNR : KLHC010760762026
2026:KER:86252
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE PREETA A.K.
TH
THURSDAY, THE 12 DAY OF NOVEMBER 2026/21ST KARTHIKA, 1948
W.A.NO.2070 OF 2026
AGAINST THE JUDGMENT DATED 29.09.2026 IN W.P(C).NO.26295 OF 2026
OF HIGH COURT OF KERALA
APPELLANT(S)/ADDITIONAL 3RD RESPONDENT:
ADDL.R3:SUGUNAN A.P.
S/O.PADMANABHAN A.A., SUB INSPECTOR OF POLICE,
SSB SECURITY AND EXECUTIVE MEMBER, ADHOC COMMITTEE,
KERALA POLICE SENIOR OFFICERS’ ASSOCIATION,
THIRUVANANTHAPURAM, RESIDING AT ATTIPPETTIPARAMBIL HOUSE,
NJARACKAL, ERNAKULAM DISTRICT, PIN – 682505
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 31/07/2026 IN
I.A.NO.1/2026 IN W.P(C).NO.26295/2026)
BY ADV.SRI.GEORGE POONTHOTTAM (SR.)
BY ADV.SMT.KAVYA VARMA M.M.
BY ADV.SMT.NISHA GEORGE
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1 & 2:
1 THE KERALA POLICE OFFICERS' ASSOCIATION
REPRESENTED BY ITS GENERAL SECRETARY, MOUNTED CAMP,
KANNETTUMUKKU, THYCAUD P.O., THIRUVANANTHAPURAM,
PIN - 695014
2 E.K. ANILKUMAR
AGED 50 YEARS
MEMBER, KERALA POLICE OFFICERS' ASSOCIATION,
PRESENTLY HOLDING THE OFFICE OF SUB INSPECTOR OF POLICE,
ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA, RESIDING AT
THANAL, KODAMTHURUTH, KUTHIYATHODU.P.O, CHERTHALA,
ALAPPUZHA, PIN - 688533
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3 K.P. PRAVEEN
AGED 50 YEARS
MEMBER, KERALA POLICE OFFICERS' ASSOCIATION, PRESENTLY
HOLDING THE OFFICE OF ASSISTANT SUB INSPECTOR OF POLICE,
SSB, ERNAKULAM RURAL, RESIDING AT KOCHUPURACKAL HOUSE,
PIRAVOM.P.O, ERNAKULAM., PIN - 686664
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
5 THE STATE POLICE CHIEF, KERALA
POLICE HEADQUARTERS, C.V.RAMAN PILLAI ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN – 695010
BY SRI.P.A.MOHAMMED SHAH, ADDITIONAL ADVOCATE GENERAL
BY SMT.LAYA MARY JOSEPH, GOVERNMENT PLEADER
BY ADV.SRI.P.C.SASIDHARAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.11.2026
ALONG WITH W.A.NOS.2072 OF 2026, 2100 OF 2026 AND 2103 OF
2026, THE COURT ON 12.11.2026 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE PREETA A.K.
TH
THURSDAY, THE 12 DAY OF NOVEMBER 2026/21ST KARTHIKA, 1948
W.A.NO.2072 OF 2026
AGAINST THE JUDGMENT DATED 29.09.2026 IN W.P(C).NO.26155 OF 2026
OF HIGH COURT OF KERALA
APPELLANT(S)/ADDITIONAL 4TH RESPONDENT:
* ADDL. R4 G.R.AJITH
AGED 54 YEARS
S/O.GOPALA PILLAI K., SENIOR CIVIL POLICE OFFICER,
CONTROL ROOM, THIRUVANANTHAPURAM CITY, MEMBER, ADHOC
COMMITTEE, KERALA POLICE ASSOCIATION, NANDAVANAM,
THIRUVANANTHAPURAM, RESIDING AT MELLATTUPURATHU VEEDU,
KOWDIAR P.O., THIRUVANANTHAPURAM - 695003
[ ADDL. R4 IS IMPLEADED AS PER ORDER DATED 30/7/26 IN
*
I.A.NO.1/2026 IN W.P(C).NO.26155/26]
BY SRI.GEORGE POONTHOTTAM (SR.)
BY ADV.SMT.KAVYA VARMA M.M.
BY ADV.SMT.NISHA GEORGE
RESPONDENT(S)/PETITIONER & RESPONDENTS 1 TO 3 AND 5:
1 KERALA POLICE ASSOCIATION
STATE COMMITTEE, K.J.GEORGE FRANCIS BHAVAN, D.H.Q.CAMP,
A.R. CAMP, NANDAVANAM, THIRUVANANTHAPURAM, REPRESENTED
BY ITS GENERAL SECRETARY, SUDHEER KHAN A., AGED 46 YEARS,
S/O.ABDUL RASHEED, DARUL AMAN, MANALIMUKKU, VENJARAMOODU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
2 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
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3 THE ADDITIONAL CHIEF SECRETARY (HOME AND VIGILANCE)
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACUAD,
THIRUVANANTHAPURAM, PIN - 695014
5 G.SAMUEL
AGED 60, S/O.G.GEORGE, VALIYAPARAMBIL, VETTIYAR,
MANGANKUZHI, MAVELIKKARA, ALAPPUZHA DISTRICT,
PIN – 690558
BY ADV.SRI.BABU S. NAIR
BY SRI.P.A.MOHAMMED SHAH, ADDITIONAL ADVOCATE GENERAL
BY SMT.LAYA MARY JOSEPH, GOVERNMENT PLEADER
BY ADV.SRI.ALEX K. JOHN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.11.2026
ALONG WITH W.A.NOS.2070 OF 2026, 2100 OF 2026 AND 2103 OF
2026, THE COURT ON 12.11.2026 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE PREETA A.K.
TH
THURSDAY, THE 12 DAY OF NOVEMBER 2026/21ST KARTHIKA, 1948
W.A.NO.2100 OF 2026
AGAINST THE JUDGMENT DATED 29.09.2026 IN W.P(C).NO.26155 OF 2026
OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WPC:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY (HOME AND VIGILANCE)
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM,
PIN - 695014
BY SRI.P.A.MOHAMMED SHAH, ADDITIONAL ADVOCATE GENERAL
BY SMT.LAYA MARY JOSEPH, GOVERNMENT PLEADER
RESPONDENT(S)/PETITIONER & ADDL. 4TH & 5TH RESPONDENTS IN WPC:
1 KERALA POLICE ASSOCIATION
STATE COMMITTEE, K.J.GEORGE FRANCIS BHAVAN, D.H.Q.CAMP,
A.R. CAMP, NANDAVANAM, THIRUVANANTHAPURAM, REPRESENTED
BY ITS GENERAL SECRETARY, SUDHEER KHAN A, AGED 46 YEARS,
S/O.ABDUL RASHEED, DARUL AMAN, MANALIMUKKU, VENJARAMOODU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
2 G.R.AJITH
AGED 54 YEARS, GOPALA PILLAI K., SENIOR CIVIL POLICE
OFFICER, CONTROL ROOM, THIRUVANANTHAPURAM CITY, MEMBER,
ADHOC COMMITTEE, KERALA POLICE ASSOCIATION, NANDAVANAM,
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THIRUVANANTHAPURAM, RESIDING AT MELLATTUPURATHU VEEDU,
KOWDIAR P.O., THIRUVANANTHAPURAM., PIN - 695003
3 G.SAMUEL
S/O. G.GEORGE, VALIYAPARAMBIL, VETTIYAR, MANGANKUZHI,
MAVELIKKARA, ALAPPUZHA DISTRICT., PIN - 690558
BY SRI.GEORGE POONTHOTTAM (SR.)
BY ADV.SMT.KAVYA VARMA M.M.
BY ADV.SMT.NISHA GEORGE
BY ADV.SRI.BABU S. NAIR
BY ADV.SRI.ALEX K. JOHN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.11.2026
ALONG WITH W.A.NOS.2070 OF 2026, 2072 OF 2026 AND 2103 OF
2026, THE COURT ON 12.11.2026 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE PREETA A.K.
TH
THURSDAY, THE 12 DAY OF NOVEMBER 2026/21ST KARTHIKA, 1948
W.A.NO.2103 OF 2026
AGAINST THE JUDGMENT DATED 29.09.2026 IN W.P(C).NO.26295 OF 2026
OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 & 2 IN WPC:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE STATE POLICE CHIEF, KERALA
POLICE HEADQUARTERS, C.V. RAMAN PILLAI ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695010
BY SRI.P.A.MOHAMMED SHAH, ADDITIONAL ADVOCATE GENERAL
BY SMT.LAYA MARY JOSEPH, GOVERNMENT PLEADER
RESPONDENT(S)/PETITIONERS & ADDL. 3RD RESPONDENT IN WPC:
1 THE KERALA POLICE OFFICERS' ASSOCIATION
REPRESENTED BY ITS GENERAL SECRETARY, MOUNTED CAMP,
KANNETTUMUKKU, THYCAUD.P.O, THIRUVANANTHAPURAM,
PIN - 695014
2 E.K.ANILKUMAR
AGED 50 YEARS
MEMBER, KERALA POLICE OFFICERS' ASSOCIATION, PRESENTLY
HOLDING THE OFFICE OF SUB INSPECTOR OF POLICE, ALAPPUZHA
SOUTH POLICE STATION, ALAPPUZHA, RESIDING AT THANAL,
KODAMTHURUTH, KUTHIYATHODU.P.O, CHERTHALA, ALAPPUZHA.,
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PIN - 688533
3 K.P. PRAVEEN
AGED 50 YEARS
MEMBER, KERALA POLICE OFFICERS' ASSOCIATION,
PRESENTLY HOLDING THE OFFICE OF ASSISTANT SUB INSPECTOR
OF POLICE, SSB, ERNAKULAM RURAL, RESIDING AT
KOCHUPURACKAL HOUSE, PIRAVOM.P.O, ERNAKULAM,
PIN - 686664
4 SUGUNAN A.P.
S/O. PADMANABHAN A.A., SUB INSPECTOR OF POLICE, SSB
SECURITY AND EXECUTIVE MEMBER, ADHOC COMMITTEE, KERALA
POLICE SENIOR OFFICERS’ ASSOCIATION, THIRUVANANTHAPURAM,
RESIDING AT ATTIPPETTIPARAMBIL HOUSE, NJARACKAL,
ERNAKULAM DISTRICT, PIN – 682505
BY SRI.GEORGE POONTHOTTAM (SR.)
BY ADV.SMT.KAVYA VARMA M.M.
BY ADV.SMT.NISHA GEORGE
BY ADV.SRI.P.C.SASIDHARAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.11.2026
ALONG WITH W.A.NOS.2070 OF 2026, 2072 OF 2026 AND 2100 OF
2026, THE COURT ON 12.11.2026 DELIVERED THE FOLLOWING:
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“C.R.”
J U D G M E N T
Dr. A.K. Jayasankaran Nambiar, J.
The State of Kerala and two members of the Kerala Police Association
and the Kerala Police Senior Officers' Association respectively are the
appellants before us, aggrieved by the judgment dated 29.09.2026 of a
learned Single Judge that allowed two writ petitions – W.P.(C).No.26155 of
2026 and W.P.(C).No.26295 of 2026 - that impugned a Government Order
through which three recognized associations of the Police Force in the
State were restructured by abolishing one and merging its members with
the remaining two.
2. It would appear that the Government of Kerala had permitted the
formation of three associations in the Police Force by an order of 1979.
Accordingly, there came into being the Kerala Police Association [KPA]
comprising of Civil Police Officers and Senior Civil Police Officers; the
Kerala Police Officers' Association [KPOA] comprising of Grade Assistant
Sub Inspectors, Assistant Sub Inspectors, Grade Sub Inspectors, Sub
Inspectors and Inspectors of Police, and the Kerala Police Senior Officers'
Association [KPSOA] comprising of Deputy Superintendent of Police and
Superintendent of Police [Non IPS]. By the order dated 27.07.2026
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impugned in the writ petitions, the said associations were restructured by
abolishing the KPOA and including Grade Assistant Sub Inspectors,
Assistant Sub Inspectors and Grade Sub Inspectors in the Kerala Police
Association and Sub Inspectors and Inspectors of Police in the KPSOA. The
writ petitioners therefore impugned the Government Order dated
27.07.2026 inter alia on the grounds that (i) the Government did not have
the power, authority or jurisdiction to issue the said order; (ii) an
association that was recognized by the Government could not have been
unilaterally de-recognized, abolished or amalgamated with another
association more so when there was no formal order cancelling or evoking
the Government Order of 1979 that had permitted the formation of three
associations; (iii) the restructuring and consequent formation of the Ad-hoc
Committee had been done in a hasty manner and without hearing the
abolished association, and hence, the State action smacked of mala fides
and illegality; (iv) the procedure envisaged under the bye-laws of the
associations for their amendment had not been followed while effecting the
restructuring; and (v) the restructuring infringed upon the fundamental
right of the members of the association as well as the associations
themselves under Article 19(1)(c) of the Constitution of India.
3. In the counter affidavit filed by the State, while supporting the
reasons cited in the impugned Government Order for the restructuring, it
was further clarified as follows:
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“10. Before issuing Exhibit P3, the Government undertook a detailed
examination of the functioning and composition of the recognized Police
Associations in the light of the changes brought about in the Police Force over
the years, particularly following the introduction of the Grade Promotion
Scheme. During this process, the Government also received representations
highlighting certain practical difficulties arising from the existing membership
pattern of the recognised Police Associations. On an overall consideration of the
relevant administrative factors, it was considered necessary to reorganize the
recognized Police Associations so that they correspond to the present service
structure and effectively represent personnel having common service interests.
11. The examination revealed that the membership pattern of the
recognized Police Associations had been formulated long before the introduction
of the Grade Promotion Scheme in 2008 and no longer reflected the present
cadre structure. It was therefore considered necessary to revise the
composition of the Associations by grouping together personnel having common
service conditions, administrative responsibilities and welfare concerns.
12. Under the Grade Promotion Scheme presently in force, personnel
completing the prescribed period of service are designated as Grade Assistant
Sub Inspectors and Grade Sub Inspectors, while their substantive cadre
continues to remain that of Civil Police Officer or Senior Civil Police Officer, as
the case may be. Their recruitment, seniority, promotions, transfers, service
conditions, welfare benefits, grievance redressal mechanism and other incidents
of service continue to be governed by the rules applicable to the Constabulary
Wing. However, under the earlier organisational arrangement, Grade Assistant
Sub Inspectors and Grade Sub Inspectors formed part of the Kerala Police
Officers' Association despite continuing to belong to the Constabulary Wing,
resulting in an anomalous situation where personnel belonging to one service
stream were represented by an Association primarily intended for another.
13. It was further noticed that the method of recruitment, promotional
avenues, transfer policy, grievance redressal mechanism, service conditions and
welfare concerns of personnel in the Constabulary Wing are substantially
different from those applicable to officers directly recruited as Sub Inspectors
and above. Accordingly, after considering the afore said administrative aspects
and the recommendations of the State Police Chief, the Government issued
Exhibit P3 in the larger interest of efficient police administration. Exhibit P3 is
thus a considered policy decision based on relevant administrative
considerations and cannot be characterised as arbitrary or unreasonable.
Further, the proposal for restructuring the recognised Police Associations and
the administrative considerations necessitating such restructuring were not
matters kept confidential, but were widely known among police personnel.
14. Accordingly, personnel belonging to the Constabulary Wing, namely
Civil Police Officers, Senior Civil Police Officers, Grade Assistant Sub Inspectors,
Assistant Sub Inspectors and Grade Sub Inspectors, have been grouped under
the Kerala Police Association, while Officers directly recruited to the rank of Sub
Inspector and those promoted therefrom, namely Inspectors of Police, Deputy
Superintendents of Police and Superintendents of Police (Non-IPS), have been
grouped under the Kerala Police Senior Officers' Association. The object of the
reorganization is to ensure that each recognized Association effectively
represents personnel having common service conditions, administrative
requirements, promotional avenues, transfer policies and grievance redressal
mechanisms, thereby facilitating more effective redressal of their service
grievances and welfare concerns.
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15. It is respectfully submitted that the reorganization effected under
Exhibit P3 has also resulted in a more representative organizational structure
for the recognized Police Associations. Prior to the issuance of Exhibit P3, the
Kerala Police Senior Officers' Association consisted of only 451 members.
Consequent upon the reorganization and inclusion of officers from the rank of
Sub Inspector upwards, the membership strength of the Kerala Police Senior
Officers' Association has increased to approximately 3,769 members. This itself
demonstrates that the object of the impugned Government Order is not to curtail
or dilute representation, but to ensure that police personnel having common
service conditions, promotional avenues and administrative interests are
brought under a common representative forum, thereby strengthening the
effectiveness of the recognised Association. The impugned Government Order is
thus the culmination of a reasoned administrative decision-making process
based upon relevant materials and expert recommendations and cannot be
characterised as arbitrary, irrational or without jurisdiction.”
In the counter affidavit filed by the contesting respondents, while the
maintainability of the writ petitions was challenged, the impugned
Government Order was sought to be justified on the following reasons:
“11 . Through Ext.P3, the Government has only qualified the nature of the
membership in the police organization. The said order has not altered or
abridged any of the rights that are enjoyed by the members of the police force by
grouping them under two categories. It is a grouping based on the entry level. In
category no.1, namely Kerala Police Association the membership is given to
police personal starting from;
Civil Police Officer
•
Senior Civil Police Officer
•
Grade Assistant Sub Inspector,
•
Assistant Sub Inspector, and
•
Grade Sub Inspector
•
12 . The above class of policemen are grouped as one unit as they belongs to
separate and distinct group, as the case may be, in the police force. The other
organization namely Kerala Police Senior Officers Association, the membership
is confined to
Sub Inspector of Police (SI),
•
Inspector of Police (CI)
•
Deputy Superintend of police and
•
Superintend of police (non IPS)
•
13. They are grouped together as they belong to yet another group in the
hierarchy of the Police Department. It is a reasonable classification, as they
perform distinct and different duties in the police force. In the erstwhile system,
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the organization by the name Kerala Police Constabulary Association for
Constables and Head Constables comprised Civil Police Officers, Senior Civil
Police Officers, Grade Assistant Sub Inspectors, Assistant Sub Inspectors, Grade
Sub Inspectors, as there has been a reclassification of grades in the police force
after Exhibit R3(a) in 1979. Through Ext.P3, what is effectively done is that
police personnel in the rank of Sub Inspector (SI), Inspector (CI), Deputy
Superintendent of Police and Superintendent of Police (Non-IPS) are grouped
together, and the name of the officers' association has been renamed as the
Kerala Senior Police Association. In the said process, none of the rights which
the members of the association had enjoyed have been taken away, and all the
rights enjoyed in the past are continued without there being any structural
change.
14. The membership strength of Group No.I, as of now, is 50,973, and the
membership strength of the officers' association, put together, starting from Sub
Inspector to Superintendent of Police (Non-IPS), is 3,769. Therefore, by grouping
the police personnel of different ranks and different classes into different
associations, none of the fundamental rights have been taken away, as claimed
by the petitioners. In terms of the Rules, it is exclusively a matter within the
domain of the State to grant permission as regards the grouping or classification
of policemen in the matter of the formation of associations. It is, therefore,
submitted that the writ petition proceeds on a wrong premise as regards the
fundamental rights of the police personnel as claimed, and none of those rights
as provided in Ext-P1 and the Rules have been taken away or abridged through
the issuance of Exhibit P3.
15. The rights and privileges of police personnel, being a disciplined force,
are restricted and regulated through the provisions of the State Police Act and
the Manual. Other rights, as are available to a citizen, are unavailable to
members of the police force, as they cannot be equated with or treated on par
with any other citizen who can claim the constitutional rights guaranteed under
Article 19(1)(c) of the Constitution of India. It is further submitted that there is
no change in the composition of the members of the petitioner association, as
they continue to be the same, though there is a renaming of their status as Civil
Police Officers, Senior Civil Police Officers, etc.
4. The learned Single Judge, who considered the writ petitions,
found that although the fundamental right of a member of the Police
Force to form an association was not absolute and was subject to
reasonable restriction under Article 19(4) of the Constitution of India
read with Article 33 thereof and the Parliamentary Legislation enacted
thereunder, so as to ensure a proper discharge of their duties and to
maintain discipline, Rule 8 of the Police Forces (Restriction of Rights)
Rules, 1966 indicated that for revoking the recognition of an association
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of the Police Force, an opportunity of making a representation had to be
granted which was not done in the instant cases. That apart,
amendments to the bye-laws of the associations could be brought in only
2
by / 3
rd
majority of those present in the General Body subject to approval
by the Government. The learned Judge thus found that although the
Government had the authority to approve an amendment, it did not have
the authority to bring about that amendment. Thereafter, relying on the
decisions in Smt. Damyanti Naranga v. The Union of India and
Others - [(1971) 1 SCC 678] and O.K. Ghosh and Another v. E.X.
Joseph - [AIR 1963 SC 812], the learned Judge found that (i) the right
to form an association implies that the persons forming the association
have also the right to continue to be associated with only those whom
they voluntarily admit in the association; (ii) any law, by which members
are introduced in the association without any option for the existing
members to keep them out, or any law which takes away the membership
of those who have voluntarily joined it, will be a law violating the right to
form an association; and (iii) the right guaranteed by Article 19(1)(c) is
not confined to the initial stage of forming an association but protects the
right to continue the association with its composition, as agreed upon by
the members of the association and as regulated by its rules. On the
facts of the instant cases, the learned Judge found the impugned
Government Order to be an intrusion into the right of the petitioners
under Article 19(1)(c) read with Article 33 of the Constitution of India
and the Police Forces (Restriction of Rights) Act, 1966, and proceeded to
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quash the same. Further, on the issue of maintainability of
W.P.(C).No.16155 of 2026 filed by the Kerala Police Association, the
learned Judge found that although the association had no fundamental
right to form an association, and in that sense could not claim an
infringement of its fundamental right, the association had nevertheless a
legal right to ensure that its bye-laws are not infringed upon by the
Government and this could be the basis for maintaining a writ petition
under Article 226 of the Constitution of India, since its right to decide on
the members who can be admitted into its fold had been allegedly
trampled upon and its elected committee removed by the impugned
orders issued by the Government and the State Police Chief.
5. In the appeals before us, we have heard Sri. George
Poonthottam, the learned senior counsel, assisted by Smt. Kavya Varma
M.M., the learned counsel for the appellants in W.A.No.2070 of 2026 and
W.A.No.2072 of 2026, Sri. P.A.Mohammed Shah, the learned Additional
Advocate General, assisted by Smt. Laya Mary Joseph, the learned
Government Pleader for the respondent State, Sri. P.C.Sasidharan, the
learned counsel for the Kerala Police Officers' Association and Sri. Babu
S. Nair, the learned counsel for the Kerala Police Association. We have
also gone through the pleadings and the precedents cited across the bar.
6. The learned Single Judge, in the judgment impugned in these
appeals, essentially found that the impugned State action infringed the
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fundamental right of the members of the associations concerned under
Article 19(1)(c) of the Constitution. This assumption of the learned
Single Judge is what is challenged before us in these appeals where the
Additional Advocate General and the learned senior counsel appearing
for the appellants would argue that the associations were not formed by
the members in exercise of their rights under Article 19(1)(c). It is
therefore their contention that the Government Order effecting a
restructuring of the associations could not be seen as infringing a
fundamental right that the writ petitioners never had. They also contend
that there was no violation of any provision under the 1966 Rules,
especially Rule 8 thereof, because the nature of the associations that
were formed through the 1979 Government Order were entirely different
from those envisaged for the applicability of Rule 8.
7. Since the appellants question the very existence of the
fundamental right under Article 19(1)(c) in the writ petitioners, we deem
it apposite to notice, at the outset, the constitutional scheme with regard
to the fundamental right to form associations guaranteed to members of
the Police Force. The content of the fundamental right under Article
19(1)(c) of the Constitution of India that is available to a member of the
Police Force of the State has to be determined by reading the provisions
of Article 19(1)(c) together with Article 19(4), Article 33 and the
Parliamentary Enactment under Article 33. Proceeding sequentially, we
find that Article 19(1)(c) of the Constitution guarantees to all citizens the
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right to form associations or unions or co-operative societies and the said
right includes not merely the right to start an association but also to
continue it. It also includes the right that the composition of the
association shall not be altered by law so as to introduce members other
than who voluntarily join the association, without the consent of the
members of the original association [See Smt. Damyanti Naranga v.
The Union of India and Others - [(1971) 1 SCC 678]] . Significantly,
Article 19(1)(c) does not apply where the formation of the association is
not a voluntary act on the part of the members but the creation of a
Statute and the association is all along governed by the conditions laid
down by the Statute [See Daman Singh and Others v. State of Punjab
and Others - [(1985) 2 SCC 670] and Zoroastrian Cooperative
Housing Society Ltd. and Another v. District Registrar, Cooperative
Societies (Urban) and Others - [(2005) 5 SCC 632]] . The precedents
last cited recognise the principle that, absent a freedom of choice to
become a member of an association, there is really no freedom at all that
is exercised by the person who becomes a member of the association. It
is also trite that once the extent of the right under Article 19(1)(c) is
determined, it has to be understood that the right is by no means,
absolute but can be abridged by the State which may, by law, impose, in
the interests of the sovereignty and integrity of India or public order or
morality, reasonable restrictions on the exercise of the said right.
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8. As for the extent of the right available to members of the Police
Forces, Article 33 of the Constitution enables the Parliament to
determine, by law, as to what extent any of the rights conferred by Part
III shall, in their application to members of the Forces charged with the
maintenance of public order, be restricted or abrogated so as to ensure
the proper discharge of their duties and the maintenance of discipline
among them. Thus, if any of the provisions of the Act or the Rules made
by Parliament under Article 33 restricts or abrogates any rights
guaranteed under Part III of the Constitution, it cannot be challenged on
the ground that it is violative of fundamental rights as guaranteed by Part
III. As observed by the Supreme Court in Ous Kutilingal Achudan
Nair & Others v. Union of India - [(1976) 2 SCC 780] , the provisions
relating to fundamental rights which are otherwise applicable to all
persons may be restricted or abrogated by Parliament in their application
to members of the Armed Forces in view of their special position and the
need for maintaining discipline amongst them. In exercise of the powers
conferred under Article 33 of the Constitution, the Parliament has
enacted the Police Forces (Restriction of Rights) Act, 1966 for restricting
certain rights of the members of Police Forces functioning under several
Statutes listed in Schedule A to the Act. The Kerala Police Act is also
included in the Schedule. A member of the Police Force is therefore
prohibited without the consent of the Central Government or of the
prescribed authority under the 1966 Act from being a member of a trade
union, labour union or political association or of any organization which
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is not recognized as part of the Force of which he is a member or is not
purely social, recreational or religious in nature. He cannot communicate
with the press or publish any book, letter or any other document except
where it is being published with the bona fide discharge of his duties or
the communication is in the nature of a purely literary, artistic or
scientific character or of any other prescribed nature. As was observed
by the Supreme Court in Delhi Police Non-Gazetted Karmachari
Sangh & Ors. v. Union of India & Ors. - [(1987) 1 SCC 115] , while
upholding the ban imposed by the Act and Rules from becoming a
member of any trade union or labour union, no member of the Police
Force can participate in any meeting or demonstration organised for any
political purpose or any other purpose prohibited by the rules made
under the Act.
9. The interplay between Articles 19(1)(c), 19(4) and 33 of the
Constitution of India, read with the provisions of the Police Forces
(Restriction of Rights) Act, 1966 and the Rules framed thereunder, thus
manifests a scheme that recognizes the need to have a proper balancing
of interests of an individual as a citizen and the right of the State to
frame a code of conduct for its Police Officials in the interests of proper
functioning of the State. Under that scheme Article 33 operates as an
exception to the universal applicability of fundamental rights to every
citizen in India, and the power of Parliament to restrict or abrogate
fundamental rights is unqualified when it is exercised to ensure the
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proper discharge of duties by, and maintenance of discipline among
members of the Police Force, and in such situations, this Court would not
examine the propriety or suitability of the restriction [Lt. Col. Prithi Pal
Singh Bedi v. Union of India & Others - [(1982) 3 SCC 140]]. Thus,
a person joining the Police Force in a State must accept as implicit in his
joining the service, the observance of a certain code of conduct that is
necessary for the proper and efficient discharge of its functions. The
content of his right under Article 19(1)(c) of the Constitution is therefore
significantly reduced when compared to a similar right available to other
citizens.
10. On the facts of the instant cases, what we find is that the
associations that were permitted by the Government for the Police Force
in the State through the Government Order of 1979 were those formed by
the Government itself based on a categorization of the police personnel
by rank. It was accordingly that the KPA was formed for Civil Police
Officers and Senior Civil Police Officers; the KPOA formed for Grade
Assistant Sub Inspectors, Assistant Sub Inspectors, Grade Sub
Inspectors, Sub Inspectors, and Inspectors of Police; and the KPSOA
formed for Deputy Superintendent of Police and Superintendent of Police
[Non IPS]. The significant aspect to be noted, however, is that the
members of the Police Force had no role to play in the formation of the
associations in question, and their membership to the respective
associations was automatic based on their rank in the Police Force. In
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other words, there was no volition on the part of the individual members
of the association in either getting membership in the association
concerned or continuing therein as members. In fact as they progress in
their career within the Police Force, their membership itself shifts to a
different association based on the rank in the Police Force held by them
and the categorization of the associations prevailing at that point in time.
The question that arises therefore is whether such members can be seen
as having formed the associations concerned and obtained their
memberships therein consequent to the exercise of any right traceable to
Article 19(1)(c) read with Article 19(4) and Article 33 of the Constitution
of India ? On the facts of the cases before us, the answer to that question
must be in the negative. We say so, because, it is trite that fundamental
rights are individual rights and the exercise of the right must be through
individual agency. In the instant cases, that agency is seen lacking in the
writ petitioners in the matter of forming, or continuing as members in the
different associations. The associations that we are concerned with in
these appeals are not those in which a member, or the association itself,
can claim any right traceable to Article 19(1)(c); if that be so, the
restructuring exercise undertaken by the State Executive cannot be seen
as infringing the rights of the writ petitioners under Article 19(1)(c) of
the Constitution of India.
11. The further question that arises therefore is whether an
association that is formed by the Government or any of the persons, who
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have made members thereof, can challenge a restructuring of the
associations by the State Government ? The State Government, as the
authority competent to grant permission to members of the Police Force
to form associations, must surely be conceded the power to form
associations by itself and frame bye-laws for the efficient functioning of
those associations through Committees elected by the General Body of
members of the respective associations. Those bye-laws, however, can
only be seen as regulating the functioning of the association, and any
stipulation in those bye-laws that mandate that an amendment of the bye-
laws must be approved by the State Government only indicates that the
State Government is the ultimate repository of the power to permit the
formation and continuation of the associations for the members of the
Police Force in the State in accordance with the constitutional scheme
envisaged under Article 19(1)(c), 19(4) and Article 33 of the Constitution
of India. The provisions of the bye-laws do not, and cannot by
themselves, confer any rights or powers on the members of the
association with regard to either the formation or continuation of the
association concerned. That privilege can exist only in those associations
where the members thereof had, of their own volition, chosen to form the
association or join the association, and their membership in the
association was based on the agreement between them to be members of
the association. We would think that the only rights conferred on
members of associations that have been formed by the State Government
through its bye-laws are those in connection with the efficient functioning
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of the associations and the election of its office bearers. The right to
amend the bye-laws in that sense is a restricted one available to the
members since it is subject to approval by the State Government. At any
rate, the restricted right to amend the bye-laws cannot be seen as
conferring on the members a right, fundamental or otherwise, in the
formation of and continuation in the association.
12. We are also of the view that the Government Order of 1979
that created the associations for the Police Force in the State traces its
authority and legitimacy to the executive power of the State under Article
162 of the Constitution of India, and its continuance to the provisions of
Section 109 of the Kerala Police Act, 2011, as controlled by the
constitutional scheme noticed above. As the formation of the associations
and the restructuring thereof are essentially matters of policy of the
State Government, the legality of any State action in that regard must be
tested on the principles that inform the exercise of judicial review of
policy decisions of the State Government. Axiomatically, unless the
State action in this regard fails the test of rationality when considered
against the backdrop of the main objects sought to be pursued by the
associations, this Court must refrain from interfering with the same in
proceedings under Article 226 of the Constitution of India. In the instant
cases, the main objects to be pursued by the associations as discernible
from the 1979 Government Order and the Rules for the constitution of
the three associations appended to the said Order were the following:
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“5. Aims and objects ;- (1) The Association is a totally non-political body
functioning within the provisions of the Police Forces (Restriction of Rights) Act,
1966 (Act 33 of 1966) and Rules framed thereunder, the Kerala Police Act, 1960
(Act of 1961) and any other Act or Rule governing the rights, duties, discipline
and conditions of service of the Police Force of the State existing or enacted by
the Government from time to time.
(2) The members shall not have the right to strike work, withhold
their services, or otherwise delay the performance of their duties, or the right to
resort to any form of coercive method or agitation and shall not engage in
demonstration or any other similar activity which will underline the discipline,
efficiency or impartiality of the Police Force or of any individual member.
(3) The membership of the Association shall be restricted to eligible
members of the Kerala Police and no one, from without the Kerala Police,
whether a Government servant or not, shall be entitled to membership or
function as an office bearer of the Association or be connected with it in an
advisory, honorary, or any other capacity.
(4) The Association shall not engage itself in any political activity
directly or indirectly or establish or attempt to establish contacts with outside
organisations or individuals or seek or attempt to seek affiliation with any
organisation, union or federation of other civil servants or others in/of the State,
other States, or the Union Government.
(5) The Association is constituted-
(a) to forge unity, brotherhood and mutual understanding among the
different ranks of the Police Force;
(b) to promote a strong sense of responsibility and pride in the police
profession;
(c) to foster discipline, loyalty and patriotism, among the members;
(d) to help promote better rapport with the community and every
section thereof;
(e) to safeguard the collective interests of the members of the Police
Force through the means provided under the rules governing the Association;
(f) to effectively voice and seek redressal of the genuine grievances
of the members of the Police Force;
(g) to bring about improvement in the living and professional
standards of the members of the Force and to contribute to their moral and
intellectual development;
(h) to look after the welfare of the dependents of Police Officers
killed or disabled during the time of duty.
(i) to make constructive suggestions aimed at improving the tone
and quality of Police Service to the Community;
(j) to provide educational and recreational facilities to members of
the Association and their families among others by instituting Libraries, Reading
rooms, Clubs, Cultural programmes, Coaching classes and other services.”
The Government Order dated 27.07.2026 that was impugned in the writ
petitions seeks to restructure associations so as to ensure that each
recognized association effectively represents personnel having common
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service conditions, administrative requirements, promotional avenues,
transfer policies and grievance redressal mechanisms, thereby
facilitating more effective redressal of their service grievances and
welfare concerns. It was accordingly that personnel belonging to the
Constabulary Wing were grouped under the Kerala Police Association,
while Officers directly recruited to the rank of Sub Inspector and those
promoted therefrom, grouped together under the Kerala Police Senior
Officers' Association. The restructuring also seeks to ensure more
representative organisational structures for the recognized Police
Associations. As pointed out by the learned Additional Advocate General,
prior to the restructuring exercise, the Kerala Police Senior Officers'
Association consisted of only 451 members, and consequent to the
restructuring and inclusion of officers from the rank of Sub Inspectors
upwards, the membership strength of the said association has increased
to 3,769 members. The State Government is of the view that the
restructuring would ensure that police personnel having common service
conditions, promotional avenues and administrative interests could be
brought under a common representative forum for strengthening the
effectiveness of the recognized association. On a consideration of the
reasons stated in the impugned Government Order, as clarified through
the averments in the counter affidavit filed on behalf of the State
Government, we do not find the object of the restructuring exercise to be
at variance with the main objects pursued by the association. On the
contrary, it appears to us to be an attempt by the State Government to
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pursue the objectives of the respective associations more efficiently by
grouping together ranks of Officers who are connected in their service
conditions by common features.
The upshot of the above discussions is that we allow these Writ
Appeals by setting aside the impugned judgment of the learned Single
Judge and dismissing the writ petitions in their challenge to the
Government Order dated 27.07.2026 that was impugned therein. No
costs.
Sd/-
D R . A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
PREETA A.K.
JUDGE
prp /