A new petition in the Madras High Court claims that Tamil Nadu misused IAS officers as political spokespersons without legal authority and it is Unconstitutional. The plea argues it violates the Constitution and misuses public servants for party agendas.
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CHENNAI: A legal petition has been filed before the Madras High Court challenging the Tamil Nadu government’s decision to appoint four senior IAS (Indian Administrative Service) officers as official spokespersons.
The case, filed by advocate M Sathya Kumar, argues that this move crosses the line between government communication and political promotion, which is not allowed under the Constitution.
The petitioner has strongly claimed that these IAS officers, who are supposed to serve the public without political bias, are being used to push the goals of a political party, not just represent the government. This, according to him, is a serious misuse of civil servants and goes against constitutional values.
He explains that there is no proper law, rule, or notification to back such appointments. The government announced this only through a press release dated 14.07.2025, but it was not supported by any legal order or official notification.
Quoting from the petition:
“It is humbly submitted that the Impugned Press Release is not a “Law” within the meaning of Article 13 of the Constitution of India. The Constitution of India under Article 13(3)(a) defines “Law” to include ordinances, orders, bye-laws, rules, regulations, notifications, customs or usages having the force of law. The Press Release dated 14.07.2025 issued by the Department of Information and Public Relations do not fall under any of these categories. It is merely an informal communication, not issued under any statutory authority or delegated power.”
This quote clearly highlights that the press release does not count as a valid law under Article 13 of the Indian Constitution. Because of that, the appointment of these IAS officers as spokespersons lacks any legal standing.
The petition further says that such appointments should be made only through a formal Government Order (GO) or under specific statutory rules. Making such an important administrative change just through a press release, with no proper authority, is not only wrong but also unconstitutional.
The petitioner has also raised serious concerns about the effect of such actions on the democratic structure of India. He argues that using IAS officers to promote the ruling party damages the federal structure of governance and the moral values of the Constitution.
According to him, the decision is “administratively arbitrary and unconstitutional”, as it does not follow any legal process and misuses the powers of the state. He believes that civil servants must stay neutral and independent, and not be used for political purposes.
He concludes that this decision by the Tamil Nadu government undermines the Constitution, violates the principles of fairness, and harms the trust the public has in civil servants.
CASE TITLE:
M Sathya Kumar v State & Ors.
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