Interim Stay; Notice Issued In State’s SLP
The Supreme Court on Tuesday stayed a Kerala High Court judgment that had restrained the State Government from implementing the “Nava Kerala Citizens Response Program”. The scheme aims to publicise government initiatives and collect feedback from citizens.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the interim order while issuing notice on the State’s Special Leave Petition challenging the High Court decision. The Bench also asked the State to file, at an appropriate stage, a report on the expenditure incurred for the programme.
At the outset, CJI Surya Kant questioned the objection to the initiative and observed: “Why cannot a state find out the effects of its schemes and how can it be improved? What is wrong with that?”
Arguments Before The Supreme Court
Senior Advocate Kapil Sibal, appearing for the State, submitted that the State had not paid “a single paisa” to volunteers.
Counsel for the respondents (the PIL petitioners before the High Court) opposed the plea. They argued that the programme functioned as a “PR campaign” funded by the State. They also contended that the CPI(M) Secretary had information about the scheme even before the Government formally notified it.
In response, the CJI remarked: “Sometimes the local level leader makes a statement.”
The respondents’ counsel replied that the statement came from the CPI(M) Secretary, not a local leader. They further alleged that party workers were visiting households at government expense. They also submitted that ₹23 crore—allegedly outside the appropriation bill—had been allocated for the scheme. They described it as publicity spending ahead of elections.
Supreme Court’s Interim Direction
Despite the objections, the Supreme Court stayed the High Court order. The Bench recorded:
“Issue notice. Meanwhile, the operation of the judgment dated 17th February, 2026 shall remain stayed. The State shall at an appropriate stage submit a report with respect to the expenditure incurred.”
Background: Kerala HC Had Put Programme On Hold
What The PILs Alleged
The petitioners challenged the programme before the Kerala High Court on the ground that it amounted to a pre-election publicity drive. They also alleged that the Government used party workers in the exercise.
High Court’s Findings On Departmental Role And Funding
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. allowed two public interest litigations against the programme. The State launched the programme through a government order dated October 10, 2025.
The High Court held that the programme’s stated aims—collecting development suggestions, evaluating welfare schemes, and planning future initiatives—fell within the remit of the Planning and Economic Affairs Department or the Programme Implementation, Evaluation and Monitoring Department.
However, the Government designated the Information and Public Relations Department as the nodal agency. It also authorised the department to utilise ₹20 crore under the head “Special PR Campaign”.
The High Court found this arrangement inconsistent with the Rules of Business framed under Article 166(3) of the Constitution. The Court held that Cabinet approval or administrative sanction could not cure the defect. It also said compliance with the Rules of Business becomes mandatory where public funds are involved. The High Court ultimately termed the allocation a colourable exercise of executive power and directed the State to keep further steps in abeyance.
