Article 19(1)(c) and Article 33: the constitutional limits on reorganising police associations in Kerala
Background
On 29 September 2026 the Kerala High Court quashed the State Government's order abolishing the Kerala Police Officers Association (KPOA), holding it an intrusion into rights under Article 19(1)(c) and Article 33 of the Constitution.
Article 19(1)(c) guarantees every citizen the right to form associations or unions.
The Court held that the right to form an association includes the right to continue in that association.
Article 33 empowers Parliament to restrict or abrogate the application of fundamental rights to members of the armed forces and of forces charged with the maintenance of public order, which covers the police.
The quashed order of 27 July 2026 had approved a reorganisation of police associations on the recommendation of the State Police Chief, and its operation had earlier been stayed by the High Court.
It would have reconstituted the Kerala Police Association, abolished the KPOA, and redistributed the abolished body's assets, bank accounts and deposits between the Kerala Police Association and the Kerala Police Senior Officers Association in a 60:40 ratio, besides constituting ad hoc committees.
The Kerala Police Association was established in 1979 in implementation of the recommendations of the National Police Commission.
The judgment was delivered by Justice Bechu Kurian Thomas.
In plain words
KPOA Kerala Police Officers Association — A service association of police officers in Kerala whose abolition by government order was quashed by the High Court.
Article 33 Article 33 of the Constitution of India — It lets Parliament restrict or abrogate fundamental rights for members of the armed forces and of forces charged with maintaining public order.