TNPSC Thervupettagam

Supreme Court on CAPF Act

August 11 , 2026 15 hrs 0 min 19 0
  • 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 have contended that the Act brought in after this judgment is unconstitutional and violative of Articles 14, 16, and 21 of the Constitution.
  • The Act 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.
  • The law states that in all CAPFs, 50% of the total posts in the rank of Inspector General, at least 67% of the 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.
  • Thus, it is paving the way for a higher percentage of IPS deputed officers filling those posts.
  • 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 organized Group A Services for all purposes.
  • Besides progressively reducing the IPS deputation in CAPFs up to 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.
  • The CAPF is classified into three groups: Border Guarding Forces (Assam Rifles, Border Security Force, Indo-Tibetan Border Police, and Sashastra Seema Bal), Forces for Internal Security (Central Industrial Security Force and Central Reserve Police Force), and Special Task Force (National Security Guard).
  • The plea contended that the Act has the effect of negating the Supreme Court judgment using legislative means.
  • That step is in violation of the doctrine of separation of powers.

 

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