Supreme Court Seeks Union’s Response On Plea Challenging CAPF Act

Syllabus: GS2/Governance

In News 

  • The Supreme Court has issued notice to the Union government on petitions filed by serving officers of the CAPF, challenging the Central Armed Police Force (General Administration) Act, 2026. 

Background of Act

  • The CAPF (General Administration) Bill, Act was brought in pursuant to a Supreme Court judgement of 2025, which had directed to phase out deputation of IPS officers up to the rank of Inspector General (IG) in the Central Armed Police Forces (CAPFs) within two years. 
  • The Court also declared the Group A CAPF officers as Organised Group A Services (OGAS), which will provide them a structured cadre with defined promotion and career progression like services like the IAS, IPS and IFS.
  • In October 2025, the review petition filed by the Ministry of Home Affairs (MHA) was dismissed. 
  • However, the MHA ignored the judgement and continued appointing IPS officers to the posts of IG and DIG, leading to retired CAPF officers filing a contempt petition against the Union Home Secretary. 

Do you know?

  • The MHA is the cadre-controlling authority of the CAPFs and the IPS.
    • Recruitments are done by the Union Public Service Commission.
  • Composition of The CAPFs : 
    • the Border Security Force (BSF), which is deployed along the Pakistan and Bangladesh borders;
    •  the Central Industrial Security Force (CISF), which protects airports and critical installations; 
    • the Central Reserve Police Force (CRPF), which is deployed for internal security, law-and-order duties, and in Left Wing Extremism-affected areas; 
    • the Sashastra Seema Bal (SSB), which guards the border along Nepal and Bhutan; and 
    • the Indo Tibetan Border Police (ITBP), which is deployed along the border with China.

Central Armed Police Force (General Administration) Act, 2026 

  • It aims to set up a common legal framework for recruitment, promotion, deputation and service conditions of Group A (gazetted) officers, from Assistant Commandant to Director General (DG) in the Central Armed Police Forces (CAPFs). 
  • It allows the Ministry of Home Affairs (MHA) to frame rules on these issues, which would override any inconsistent law, rule, court judgement or administrative order. 
  • It seeks to provide legislative clarity, maintain the distinct operational identity of CAPFs and bring judicial directions in line with administrative and federal requirements. 
  • It also codifies the deputation of IPS officers, which requires that 50% of IG posts, at least 67% of ADG posts and all Special DG and DG posts should be filled through IPS deputation.

Criticism 

  • Career stagnation: CAPF cadre officers are facing severe career stagnation because IPS deputation to senior CAPF posts is blocking their promotions
    • There is acute career stagnation as CRPF Assistant Commandants often spend over 16 years without promotion, while IPS officers get promoted several times 
  • Operational burden: CAPF officers say they are the ones who actually lead the counter-insurgency operations and suffer maximum casualties, while the IPS officers mostly join CAPFs on deputation at the Inspector General (IG) level or above and do not take part directly in field operations.
    • They also expressed concern over increasing suicides and voluntary retirements of CAPF officers due to poor promotion prospects.
  • Non-Functional Upgradation (NFU): The CAPF officers say that the NFU facility introduced in 2006 for Central Group A services has not been extended to them sufficiently.
  • Salary disadvantage: CAPF officers are at a salary and allowances disadvantage compared to other Central Group A services 
  • Reducing judicial power: The Central Armed Police Force (General Administration) Act, 2026  is criticised for reducing judicial power and ignoring the services of CAPF personnel.
    • It reverses the Supreme Court judgement by keeping IPS dominance in top CAPF leadership. 

Governments Stand 

  • The CAPFs perform national security functions in close coordination with State authorities, and that IPS officers are necessary for their effective functioning in the interest of maintaining Centre–State relations.
    •  The Act aims to provide a common legal regime relating to personnel for all Central Armed Police Forces (CAPFs), which are at present governed by separate service rules in respect of the five CAPFs.
  • The Act intends to strengthen India’s internal security system and will enhance coordination between the CAPFs, state police and state governments.

Way Forward

  • Institutionalizing Cadre Review & OGAS Implementation: Conduct time-bound, periodic cadre reviews to eliminate promotional bottlenecks and strictly implement Organized Group ‘A’ Services (OGAS) benefits, ensuring direct-entry CAPF officers receive timely benchmark promotions.
  • Rationalizing Deputation Ratios: Establish a balanced, capped ratio for IPS deputation at senior command levels (IG, ADG, SDG). Gradually increase cadre officer representation in top leadership roles to leverage deep field experience in border management and counter-insurgency.
  • Specialized Cross-Functional Training: Introduce joint orientation and tactical-administrative training modules at the SVPNPA and CAPF academies. This ensures IPS officers on deputation understand specific force cultures, while CAPF officers gain broader strategic policy exposure.

Source: TH

 

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