Over 3,000 serving CAPF officers move Supreme Court against CAPF Act

More than 3,000 Central Armed Police Force (CAPF) Group A cadre officers have moved the Supreme Court to challenge the Central Armed Police Force (General Administration) Act, 2026. The petitioners include gallantry award winners and women officers.

The Act, passed by the Parliament on April 2 and notified on April 9, will make it harder for CAPF cadre officers to be promoted through the ranks to leadership positions. The legislation was enacted to effectively negate a May 2025 Supreme Court ruling that directed the exact opposite action: to reduce Indian Police Service (IPS) officers in the CAPF leadership and make it easier for CAPF officers to reach top positions.

More IPS officers

The law states that in all CAPFs, 50% of the total posts in the rank of Inspector General, at least 67% posts in the rank of Additional Director General, and all posts in the rank of Special Director General and Director General must be filled by IPS officers on deputation. Until now, such postings were done based on executive orders. The practice of reserving 50% of Deputy Inspector General (DIG) posts for Group A CAPF officers also finds no place in the Act, paving the way for a higher percentage of IPS deputed officers filling those posts.

The petitions in the top court seek to declare Sections 3 and 4 of the CAPF Act as “ultra vires [or beyond the powers of] the Constitution of India.”

Section 3 pertains to “regulation of recruitment and conditions of service,” notwithstanding any judgment, decree or order of any court, and specifies the percentage of posts reserved for IPS officers on deputation. Section 4 gives the Union government the power to amend the First and Second Schedules of the Act through a notification when it considers such action necessary or expedient in the public interest.

Previous ruling

The petitioners have sought directions for the implementation of the Supreme Court’s judgment dated May 23, 2025, in Sanjay Prakash v. Union of India, and a declaration that Higher Administrative Grade (HAG) posts in all CAPFs be filled from among eligible executive cadre officers of the respective forces, rather than exclusively through deputation, along with any other relief.

On May 23, 2025, the Supreme Court had ruled that Group A Executive Cadre officers of CAPFs are Organised Group A Services for all purposes. Besides progressively reducing the IPS deputation in CAPFs upto the level of I-Gs in the next two years, the court asked for a time bound review of cadre and service rules within six months.

The Ministry of Home Affairs (MHA) challenged the judgment, but on October 28, 2025, the court dismissed the review petition, making the ruling final.

After several retired CAPF officials filed a contempt petition in the court, the MHA introduced a Bill in Parliament in March, which effectively negated that judgement.

The CAPFs comprise the Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB), and the Central Industrial Security Force (CISF).