Court Seeks Explanation on IPS Deputation in CAPFs

The Supreme Court has sought an explanation from Union Home Secretary Govind Mohan on the government's implementation of a court order to reduce the deputation of Indian Police Service (IPS) personnel to senior posts in the Central Armed Police Forces (CAPFs). The directive came on September 2, 2026, during a hearing on a contempt petition filed by retired CAPF officers.

Justice Ujjal Bhuyan, hearing the petition, made strong oral observations. He suggested a "strong lobby" was at work and that cadre officers within the CAPFs were being "completely stifled." The judge questioned whether there were no competent personnel in the CAPFs to hold responsible positions, calling the situation totally wrong. He highlighted the service of those with over 25 years of experience defending borders and making sacrifices.

The 2025 Supreme Court Judgment

On May 23, 2025, a bench led by Justice A.S. Oka and Justice Bhuyan had ruled that deputation posts for IPS personnel at the Senior Administrative Grade (SAG) level, up to Inspector General rank, in the CAPFs must be progressively reduced over a period of time, say within an outer limit of two years. Justice Oka has since retired. The court also declared that Group A personnel of the CAPFs constitute Organised Services for all purposes and ordered a time-bound review of cadre and service rules within six months. An Organised Group A Service (OGAS) is a structured, cadre-based Group A civil service with defined hierarchy, promotion pathways and cadre control.

Government's Response and New Deputations

In an affidavit filed with the court, Home Secretary Govind Mohan detailed the steps taken by the Union Home Ministry. These included initiating cadre reviews across all CAPFs, examining the IPS deputation issue, and undertaking statutory changes. The affidavit was filed pursuant to a July 28, 2026, order of a Bench comprising Justices Ujjal Bhuyan and Atul S. Chandurkar.

Despite the 2025 judgment, the affidavit revealed that 46 IPS personnel have been brought on deputation to the CAPFs at the SAG level or below since the ruling. The distribution of these individuals across the major forces is shown in the table below.

The Legislative Challenge

Following the dismissal of its review petition on October 28, 2025, the government enacted new legislation. The CAPFs (General Administration) Act, 2026, was passed by Parliament on April 2 and gazetted on April 9. This law statutorily mandates quotas for IPS personnel in senior CAPF posts, a move seen as circumventing the Supreme Court's 2025 directive.

The Act stipulates that 50% of Inspector General posts, at least 67% of Additional Director General posts, and all Special Director General and Director General posts shall be filled by IPS personnel on deputation. It also removes a previous 50% cap on Deputy Inspector General posts reserved for Group A CAPF personnel. Five writ petitions challenging the constitutionality of this Act have been filed and are scheduled for a Supreme Court hearing on November 18, 2026.

Ongoing Cadre Review Process

The government's affidavit outlined the ongoing administrative process to comply with the court's order for a cadre review. The Department of Personnel and Training (DoPT) informed the court that cadre review proposals for the CRPF, BSF, CISF, ITBP and SSB were sent by the Home Ministry between July 27 and August 3, 2026. After examination, DoPT forwarded these proposals with its observations and recommendations to the Department of Expenditure on August 17. Once the Department of Expenditure provides its comments, the proposals will go before the Cadre Review Committee headed by the Cabinet Secretary for final recommendations. The next hearing in the Supreme Court on the contempt petition is set for September 22, 2026.