HC quashes Rs 20 crore Nava Kerala programme, cites ‘colourable exercise’ of power

Kochi: In a setback for the Kerala government, the Kerala High Court has struck down a state order that cleared Rs 20 crore for the Nava Kerala Citizen Response Programme, ruling that the decision reflected a “colourable exercise of executive power” and did not conform to established Rules of Business.

A division bench led by Chief Justice Soumen Sen, along with Justice Syam Kumar VM, expressed unease over what it described as lapses in fiscal discipline. 

The judges observed that budgetary provisions earmarked for specific departments must be followed rigorously, warning that even self-imposed financial safeguards cannot be brushed aside. The court’s scrutiny extended beyond the allocation itself.

It noted that a communication from CPIM state secretary MV Govindan, urging party-linked organisations to participate in the programme,and to sign up via a social volunteer force portal, had been issued before the Cabinet formally approved the scheme and before the government order was published. The bench said the state had failed to provide a satisfactory explanation for this sequence.

According to the judgment, the state’s filings did not demonstrate adequate efforts to publicise the volunteer enrolment process widely. This, the court said, contrasted with allegations that information may have reached party workers selectively, potentially skewing participation. Such circumstances, the bench remarked, lent weight to concerns about “oblique motives”.

The High Court further held that the Information and Public Relations (I&PR) Department was not the appropriate administrative channel for the expenditure. The funds were drawn from a head designated for a “Special PR Campaign”, while the programme’s core objectives — collecting public feedback on governance and development — fell more naturally within departments handling planning, economic affairs, and programme monitoring.

Importantly, the judges also underlined that the Cabinet decision entailing additional expenditure was not placed before the legislature, despite the Assembly being in session at the relevant time. “The Cabinet cannot proceed on the assumption that its decision will automatically receive legislative sanction,” the bench said, reinforcing the principle of legislative oversight on public spending.

Allowing separate petitions filed by a Kochi resident and the Kerala Students Union (KSU) state president, the court directed the government to keep all steps related to the programme in abeyance. The October 10, 2025 order authorising the I&PR Department to utilise the Rs 20 crore allocation was set aside.

The Nava Kerala Citizen Response Programme, launched on January 1 and scheduled to run until February 28, was presented by the state as a study designed to gather citizens’ suggestions on welfare and development initiatives.

The government maintained that the exercise had no electoral link. Petitioners, however, argued that the scheme risked blurring the line between governance outreach and political advantage, particularly with elections approaching.

Legal observers say the ruling underscores the judiciary’s insistence on strict adherence to budget classifications, departmental mandates, and legislative processes.

The verdict may also prompt the state to revisit guidelines governing publicity campaigns, volunteer enrolment mechanisms, and inter-departmental fund transfers.

With the programme now halted, attention is likely to shift to whether the government opts to challenge the decision or redesign the initiative within a framework that satisfies both fiscal norms and legislative scrutiny.