Plea before Madras High Court against appointment of IAS officers as government spokespersons

A petition has been filed before the Madras High Court challenging the appointment of four senior Indian Administrative Service (IAS) officers as official spokespersons of Tamil Nadu government [M Sathya Kumar v State & Ors].

The plea filed by advocate M Sathya Kumar contends that these public servants have been deployed to fulfil the obligations of a political party, blurring the lines between the official government communication and political messaging.

According to the plea, the move lacks any legal definition or legislative backing.

"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," the plea asserts.

According to the petition, there is no Government Order (GO), statutory rule or legally framed notification authorising the appointment of IAS officers as official spokespersons through a press release.

Such appointments must be made through formal government orders or statutory notifications issued under the relevant laws or through statutory delegations. Therefore, in the absence of any legal backing, the press release is administratively arbitrary and unconstitutional, it has been contended.

The plea further asserts that using civil servants to advance the interests of the ruling party undermines the constitutional mandate, violates constitutional morality and erodes the principles of federalism.