Supreme Court Stays Kerala High Court Decision Halting New Kerala Citizen Response Programme Scheme

The Supreme Court, today, stayed the operation of the judgment passed by the Kerala High Court, which directed the State Government not to proceed with the implementation of the ‘Nava Keralam' i.e. 'New Kerala - Citizen Response Programme’.

The Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, "Issue Notice returnable on so and so date. Meanwhile, operation of the Impugned Judgment dated 17.02.2026 shall remain stayed...However, the State shall at an appropriate stage submit a report with respect to the expenditure incurred."

Senior Advocate Kapil Sibal appeared for the Petitioner-State

Sibal said, "I really don't understand...the High Court says it should be in the department, that department, rules of business...we don't know where we are going...with great respect...Courts will now be examining all this."

Chief Justice Kant said, "We have to observe on that in other States also..."

Counsel for the Respondent said, "Its 20 crores...elections are being announced next week. The Elections are happening before 10th of April...now before 10th of October, 2025, this decision was announced by the Government, before that on 23rd Sepetember the Secretary of the political party of the government which is running, announces through a letter that all LDF workers be ready to voulnteers to go to each house and tell about the welfare scheme...there is a scathing finding by the High Court, how can a political party in a democratic country can..."

Chief Justice Kant said, "We are only examining a particular project or scheme, what is wrong with that... if a State Government spends hundreds of crores of rupees on a welfare scheme and eventually a State wants to know, through an evaluation, if have my scheme really worked or not...assuming that elections are there, they want to go before the people and tell them that look, though we have made such and such scheme...but we would want to improve...what is wrong in that."

Counsel said, "They can go, 'they' means the Government, not that Party."

Chief Justice Kant remarked, "Sometimes the local level leader makes a statement,"

The Counsel for the Respondent submitted, "The ploy is they send party workers to each house at the Government's expense. 23 crores which was not part of the appropriation bill has been allocated for this. This is a publicity scheme by the party on the eve of election at the Government expenditure. This is the High Court's scathing finding."

Before the High Court, a public interest litigation was filed alleging that the Nava Keralam Programme, for which an amount of around 20 Crores has been earmarked for expenditure, is a political campaign of the ruling party/political front, masquerading as a Government Programme and that it had been launched with the singular objective of furthering the political interests of the ruling political party/Front utilising public funds at a time when State is in doldrums and the Legislative Assembly Elections, 2026, are on the anvil.

The State submitted that the Nava Keralam Programme is a development and welfare study intended to obtain development suggestions and ideas from the people, to seek their opinions on welfare projects, to understand development needs locally, and to plan and collect opinions from the public. The said programme, according to the State, is an essential welfare study intended to augment and facilitate the development measures already undertaken, and thus being a ‘Policy matter’, is beyond the scope of consideration by the Court under Article 226 of the Constitution of India.

The High Court had observed, "In view of the above, we find sufficient cause has been made out to direct the respondents to keep in abeyance all steps and proceedings initiated pursuant to Exhibit P1 order and not to proceed any further with the implementation of the Nava Keralam Programme envisaged under Exhibit P1 order. The expenditure incurred in implementation of such programme is in violation of the rules of business. The said amount neither could have been allocated nor utilised under the special PR campaign head being not permitted under the rules of business. Consequently, Exhibit P1 order dated 10.10.2025 to the extent it authorises the Information and Public Relations Department to utilise 20 Crores from the title 2220-01-001-96 ‘Special PR Campaign’ is hereby set aside. Exhibits R1(a) and R1(b) orders issued in furtherance of Exhibit P1 are also set aside."

The High Court also said, "Since Exhibit P1 order has been put forth to be carried out during a narrow window that was available between two Model codes of conduct, viz., one which preceded the Local Self Government Department (LSGD) elections of 2025 and the other soon to be in force as the Legislative elections for 2026 are around the corner, it is a moot question whether the Government would have the time at its disposal to collate, compare, study and implement the lessons which are to be drawn from the data collected from the Response Programme envisaged under Exhibit P1 order carried out, expending multi crore rupees."

Cause Title: State of Kerala v. Mubas MH [SLP(c) 7508-7509/2026]