The Kerala High Court allows the state’s appeal against a court order quashing the reorganization of the police association
A Division Bench of the Kerala High Court allowed the state government’s appeal against a single judge’s order quashing the reorganization of police associations in the state.
A single bench allowed a petition challenging the orders issued by the Additional Chief Secretary (Home) to restructure three police associations in the state. A government order divided the members and assets of the Kerala Police Association in the ratio of 60:40 between the Kerala Police Association and the Kerala Police Senior Officers Association.
The state argued that the restructuring was initiated because the existing structure of the association no longer reflected the prevailing service structure. It was found that the mode of recruitment, methods of promotion, transfer policy, conditions of service, administrative requirements, welfare concerns and grievance redressal mechanisms of personnel belonging to the police wing were substantially different from those applicable to officers directly recruited to sub-inspector ranks and officers in the regular line of promotion therefrom.
The state police chief reviewed the existing structure and recommended reorganization of membership while maintaining the three associations, the state said. The restructuring thus aimed to bring police personnel with generally common service conditions, promotional paths, administrative requirements and social interests under a common representative forum, it argued.
A single bench ruled that the government was not entitled to restructure the three police associations that had been functioning independently for the past 47 years. It stated that a recognized association has the right to ensure that its constitution is not violated by any person, including the government. The single judge observed that before de-recognition, the associations should be given a reasonable opportunity to object to the proposed measure as provided for in the Police Forces (Restriction of Rights) Act, 1966.
The State argued that the single judge erred in applying the principles applicable to voluntary or civil service associations to find that once a police association was recognized, its membership would be governed solely by its bylaws. He said the Single Bench did not consider that since the Chief of State Police was empowered to grant, revoke or refuse recognition, he was also empowered “to take minor regulatory measures of restructuring the association or changing the composition of its members”.
Published – 12 Oct 2026 21:07 IST