Centre Defends CAPF Act 2026 in Supreme Court
The government has filed a court affidavit asserting the CAPF Act 2026 is a lawful exercise of executive power, not an override of a 2025 Supreme Court judgment on reducing IPS deputation to paramilitary forces.
The Centre has defended the CAPF Act 2026 in the Supreme Court, stating the law came into force on October 8, 2026, and does not seek to override the court's May 23, 2025 judgment on IPS deputation. In a joint counter affidavit filed on Wednesday, the Ministry of Home Affairs, the Department of Personnel and Training, and the Central Reserve Police Force asserted the Act is a permissible exercise altering the legal foundation of the court's directions.
A home ministry officer said the filing "denied that this was done to nullify the judgment or challenge the court’s authority." The Centre argued the Act is not an attempt to sit in appeal over the 2025 ruling. It maintained that decisions on cadre formation and deputation shares are policy matters within the Union government's authority as employer. The affidavit stated no employee has a right to insist on a particular cadre structure.
The government contends the Supreme Court does not judge policy wisdom unless it is palpably arbitrary or unconstitutional. The legality of IPS deputation to the Central Armed Police Forces had never been a subject of adjudication, the Centre claimed.
Government justification for IPS deputation in CAPFs
The government maintains that IPS officers bring essential expertise to CAPF leadership. They are said to provide knowledge of state administrations, police forces, and regional security situations. These officers act as a key link between the Centre and state governments in policing, law and order, and counter-insurgency operations.
The Centre rejected claims that IPS officers lack competence for senior command. It cited their service in internal security, left-wing extremism theatres, border districts, and intelligence organisations. The government stated CAPF cadre officers and All India Service officers on deputation are not 'similarly situated' due to different recruitment exams and governing laws.
Cadre officers’ opposition and legal challenge
More than 800 serving CAPF officers have challenged the Act as arbitrary and discriminatory. The petitioners include decorated Shaurya Chakra and Kirti Chakra awardees. Their petition is led by CRPF Assistant Commandant and Shaurya Chakra awardee Bibhor Kumar Singh.
The cadre officers argue the Act was enacted to overrule the Supreme Court's May 2025 judgment. They claim it fails to address promotion stagnation caused by IPS officers joining on deputation. The legal challenge marks the latest phase in an almost 16-year battle by CAPF officers over promotional equity.
Statutory framework and post allocation under the Act
The CAPF Act, 2026 mandates specific quotas for posts to be filled via IPS deputation. The government provided figures on current and sanctioned posts across the five forces.
| Post Level | Sanctioned Posts | For Cadre Officers | For IPS Officers | Deputation Rule under Act |
|---|---|---|---|---|
| Deputy Inspector General (DIG) | 607 | 469 | 120 (47 currently held) | Not specified in brief |
| Inspector General (IG) | 140 | Not specified | 64 currently allocated | 50% via IPS deputation |
| Additional Director General (ADG) | Not specified | Not specified | Not specified | At least 67% via IPS deputation |
| Special DG / Director General | Not specified | Not specified | Not specified | All posts reserved for IPS deputation |
The government stated the deputation quotas were ‘neither without any study nor without determining principle’.
Procedural background and timeline of the case
The CAPF (General Administration) Act was passed by Parliament in April 2026. It was brought into force by notification on October 8, 2026. This followed the Supreme Court’s 2025 judgment directing the Centre to progressively reduce IPS deputation up to the inspector general rank in the CRPF, BSF, CISF, ITBP, and SSB.
The court-ordered cadre review exercise for all five forces was underway at the time of the affidavit filing. Proposals had been sent to the Department of Personnel and Training. Retired CAPF officers and their families announced a peaceful protest against the Act at Jantar Mantar in November.
The Supreme Court will hear the petitions challenging the CAPF Act, 2026 on a date following the filing of the counter affidavit.
