Kerala HC stays Additional Chief Secretary’s order restructuring police associations
The Kerala High Court on Thurday (July 30, 2026) stayed the operation of an order by the Additional Chief Secretary (Home) to re-organise the Kerala
The Kerala High Court on Thurday (July 30, 2026) stayed the operation of an order by the Additional Chief Secretary (Home) to re-organise the Kerala Police Association (KPA), on the recommendation of the State Police Chief. Justice Bechu Kurian Thomas admitted the petition filed by the association, which contended that the order violated the KPA’s fundamental right to form associations under the Constitution of India and that only the Centre was vested with the power to modify any rights conferred on a citizen who was a part of the armed forces in charge of maintaining public order. The petition pointed out that the order was made without stating the reasons for the reconstitution of the police associations. The Secretary’s order restructured the association to include all civil police officers, senior civil police officers, Grade Assistant Sub Inspectors, Assistant Sub Inspectors and Grade Sub Inspectors.
Senior officials above the rank of Sub Inspectors up to Superintendent of Police would be included in the Kerala Police Senior Officers Association. It also abolished the Kerala Police Officers Association (KPOA). Under the order, 60% of KPOA’s bank accounts, documents, deposits, investments and assets were to be given to the Kerala Police Association and 40% to the Kerala Police Senior Officers Association. The court was informed that the petitioner had submitted representations via email to the State Police Chief and the Home Minister, Kerala, highlighting that the State-issued by-laws mandate a two-thirds general body vote to amend its basic structure. The reorganisation order had also directed that an ad-hoc committee should be formed by the State Police Chief at the State and district levels to take over the administration of the KPOA, after freezing the operation of the elected committees.
The committee was also instructed to conduct elections for the two newly constituted associations before September 30. The court was informed that the committee had been formed on June 28. The Bench directed that it was not to function until further orders. The court orally remarked that once the two bodies come into operation, there would be no going back and that the petitioner had approached the court at the right time. Once a right to form an association is conferred, taking back that right is another matter altogether, the court opined. It enquired regarding the basis on which the 60:40 ratio was decided for the division of KPOA’s assets. The court observed that there was merit in the contentions raised by the petitioner. The State contended that at present, there were three associations – KPA, consisting of police personnel in the lower rank, the KPOA, consisting of officers in the rank of Assistant Sub-Inspectors, Sub-Inspectors and Circle Inspectors, and the KPSOA, consisting of Deputy Superintendent of Police and Superintendent of Police (non-IPS), which was instituted on the recommendation of the Police Commission.
