Police must serve State, not ruling party: Madras High Court

The Madras High Court has underscored the constitutional principle that law enforcement agencies must serve the State—a permanent institution—rather than whichever political party holds government office at any given time.

The observations came while the court granted anticipatory bail to D. Sudha, a 60-year-old councillor affiliated with the Dravida Munnetra Kazhagam (DMK), who faces allegations of verbally abusing Chief Minister C. Joseph Vijay.

In its order, the court stressed that police forces derive their authority from the Constitution and are bound to act impartially and without political bias. The judgment reflects judicial concern over the potential misuse of law enforcement machinery for partisan purposes, particularly when those in government face criticism or opposition from political rivals.

The ruling reaffirms established jurisprudence in Indian law that distinguishes between the transient nature of political administrations and the permanence of State institutions. The court's intervention highlights ongoing tensions between maintaining political neutrality in policing and responding to complaints involving senior officials.

The grant of anticipatory bail to Sudha suggests the court found insufficient grounds to immediately arrest the councillor, even as investigations into the alleged incident continue.