The Kerala High Court on Monday rejected a public interest litigation challenging the state’s Priyadarshini scheme, which offers free transport to women and transgender individuals on ordinary state-run buses.
A division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M ruled that the initiative represents a valid policy decision intended to assist working-class women, finding no legal basis to intervene.
The legal challenge, initiated by taxpayer Muhammed Firdouz, argued that the free transit program violated constitutional equality principles under Articles 14 and 15. Firdouz contested the absence of income limits, residency requirements, or documented disadvantages for beneficiaries. Additionally, the petitioner estimated the scheme costs the public treasury approximately Rs 2 crore daily—approaching Rs 800 crore annually—and questioned the swiftness of its introduction.
Constitutional Validity Of State Welfare
Dismissing the financial objections, the court stated that judicial bodies should not evaluate the fiscal prudence of executive policy decisions. The bench pointed out that the government’s official order ensures the state treasury covers all expenses, thereby shielding the operational funds and contractual obligations of the Kerala State Road Transport Corporation (KSRTC).
The judges also dismissed arguments that the program lacked prior empirical research or systematic policy analysis. Under Article 15(3) of the Constitution, the state is empowered to make special provisions for women, the court noted, adding that welfare policies advancing the Directive Principles of State Policy cannot be deemed unconstitutional simply because they require public spending.
Election Promises And National Precedents
Addressing the petitioner’s criticism that the initiative originated from an election manifesto, the bench clarified that courts have restricted authority to block schemes that fulfill directive principles, regardless of their political origins. The court concluded that the petitioner failed to prove any fundamental unconstitutionality in the government order or its execution.
During the proceedings, the state government and KSRTC were represented by senior advocate Jaju Babu and B S Swathi Kumar. The government submitted that similar transport concession models are already running successfully in other regions, including Delhi, Punjab, Karnataka, Tamil Nadu, Telangana, and West Bengal.
The Priyadarshini scheme was initially launched as one of five key campaign pledges by the United Democratic Front (UDF). Following its election victory, the UDF administration enacted the policy to allow free travel on standard services operated by the KSRTC.
