The Centre defended the CAPF Act before the Supreme Court against a challenge by cadre officers. The dispute concerns IPS deputation quotas and stalled promotion opportunities within five forces.
Stock photo used for illustration
Newdelhi,Oct 14, 2026 22:44 IST
The Centre has told the Supreme Court that the CAPFs (General Administration) Act, 2026, does not overrule its 2025 judgment directing a gradual reduction in Indian Police Service postings to five Central Armed Police Forces up to the inspector general rank.
In a joint affidavit, the Ministry of Home Affairs, the Department of Personnel and Training and the Central Reserve Police Force said the law was a permissible measure that changed the legal basis of the court's directions. They sought the dismissal of a petition filed by CAPF cadre officers challenging the Act.
The petition was filed by a group of officers led by CRPF Assistant Commandant and Shaurya Chakra awardee Bibhor Kumar Singh. They argued that the law was enacted to overrule the Supreme Court's May 2025 judgment and was arbitrary and discriminatory. They said it did not address stagnation in the promotion of cadre officers caused by IPS officers joining the forces on deputation.
Under the Act, 50 per cent of inspector general posts are to be filled through deputation from the IPS. At least 67 per cent of additional director general posts are also to be filled through deputation, while all special director general and director general posts are reserved for officers on deputation.
The Supreme Court's 2025 order had directed the Centre to progressively reduce IPS postings up to the inspector general rank in the CRPF, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sashastra Seema Bal.
Parliament passed the CAPF Act in April, and the Union government brought it into force on October 8.
In the affidavit filed on Wednesday, the Centre said: “It is submitted that the 2026 Act is not an attempt to sit in appeal over the judgement dated 23.05.2025 passed by this Hon'ble Court... On the contrary, it is submitted that the 2026 Act is a permissible exercise which alters the legal foundation upon which the directions contained in the said judgement were premised.”
It said the legality of the deputation of IPS officers to the CAPFs had never been a subject of adjudication.
The affidavit said decisions on the formation and restructuring of cadres, creation and abolition of posts, methods of recruitment and the share of posts to be filled from different sources were policy matters within the Union government's authority as the employer.
“It is further settled that no employee has a right to insist that the cadre be structured in a particular manner, or that the conditions of service, including the avenues of promotion remain unaltered,” it said.
The Centre added that the Supreme Court “does not sit in judgement” over the wisdom of a policy unless it is “palpably arbitrary, mala fide or contrary to the Constitution or a Statute”.
It argued that IPS officers brought to the CAPF leadership their familiarity with state administrations, state police forces and the internal security situation in different regions. This experience, it said, helped the forces perform their distinct and specialised functions.
The affidavit also said CAPF cadre officers and All India Services officers joining the forces on deputation were not “similarly situated” because they were recruited through different examinations and under different laws.
It stated that the five forces had 607 sanctioned deputy inspector general posts, of which 469 were meant for cadre officers and 120 for IPS officers.
The Centre has maintained that the 2026 law validly changed the basis of the Supreme Court's earlier directions, while the CAPF officers have challenged it for retaining deputation posts and not resolving promotion stagnation among cadre officers.
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