Supreme Law News

Can employees of the government speak to the media?

The Court ruled that the State could only speak through an authorized representative or a designated officer from the relevant department or establishment.

According to the Allahabad High Court, speaking freely and informally with the media has become the norm for government employees, even those in the Central government [Adarsh Kumar vs. State of UP & 5 Others].

Justice JJ Munir instructed the Additional Chief Secretary of the Department of Personnel to outline the measures taken to train the younger generation of government employees so that they are not tempted to impromptu speak to the media, should there be any such prohibition under the rules. He also asked the State to inform it of any prohibition against it under the service rules.

A government employee's appeal contesting the department's actions against him was being heard by the court.

The Court noted the general trend among government officials while declining to comment on the details of the petitioner's statements to the media.

This Court observes that there is a widespread practice among current government employees at all levels, including those working for the State cadre in the Central Services, to speak freely and informally with the media. It is possible to observe the District Collectors and the District Superintendent of Police conversing and mingling with the media. The solitary judge stated, "The same is true for individuals working lower down the ladder in the government and those hired in connection with State business.

He went on to say that government employees would not have "this kind of freedom" to speak with the media on their own unless the previous conduct guidelines had been changed.

The Court further stated that one of the reasons government employees were not previously permitted to openly engage with the media was that they shouldn't be seen taking opposing positions on the same matter.

"It (the State) must speak through an authorized spokesperson, which could be a designated officer from the specific establishment or department or someone from the public relations department," the Court emphasized.

The Court requested that the Department of Personnel's Additional Chief Secretary provide an affidavit including the requested material no later than one week when listing the subject for consideration on May 3.

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( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.