New Empowerment Raises Constitutional, Structural Concerns
In a significant move, the Kerala government has amended its Rules of Business to formally authorize non-IAS officers—including retired officials heading statutory or quasi-government bodies—to act as ex-officio secretaries with the power to issue government orders (GOs).
Structural Shift in Administrative Framework
The amendment redefines the term ‘Secretary to Government’ under Rule 2 of the Kerala Rules of Business to include ex-officio secretaries. Furthermore, Rule 12 has been revised to empower them to authenticate government orders—a role traditionally reserved for IAS officers or those promoted through conventional bureaucratic channels.
Growing Concern Over Constitutional Implications
This move has sparked apprehension within bureaucratic circles. Senior officials warn that the change may dilute constitutional accountability, disrupt the established administrative hierarchy, and potentially set a precedent that could impact the integrity of state governance in the long run. Some see this as a pathway to politically influenced appointments under the guise of administrative reform.
Fears of Parallel Power Structures
Critics argue that the amendment could result in a dual governance structure—one managed by traditional civil servants and another by politically appointed ex-officio functionaries. This, they fear, could erode checks and balances, bypass scrutiny mechanisms, and compromise the neutrality of the administration.
Questions Over Procedure and Legitimacy
The procedural validity of the amendment has also come under scrutiny. Some officials believe such changes could have been implemented through internal procedural tools like the Kerala Secretariat Manual, rather than amending core rules under Article 166(3) of the Constitution. They see this as a significant and potentially unwarranted departure from standard legislative practice.
Impact on Governance and Decision-Making
The shift is expected to influence decision-making in key departments such as planning, finance, and science and technology—where non-IAS officers currently hold leadership roles. The ability to issue GOs could enable these departments to operate with increased autonomy, potentially sidestepping traditional bureaucratic oversight.
Calls for Review and Institutional Safeguards
In response, several bureaucrats are calling for a comprehensive review. Some suggest the Kerala IAS Officers’ Association should convene to deliberate on the long-term implications of the move and to advocate for the preservation of protocol, transparency, and institutional discipline.
What Lies Ahead?
Legal experts are now assessing whether the amendment can be challenged in court for possibly violating the constitutional principles of administrative neutrality and separation of powers. Critics warn that the changes risk undermining the distinction between career civil servants and politically appointed administrators—potentially disturbing decades of carefully balanced administrative structure.
