Centre Tells Supreme Court CAPF Act Does Not Overrule 2025 Verdict on IPS Deputation

The Centre has told the Supreme Court that the CAPFs (General Administration) Act, 2026, does not overrule its May 2025 judgment on the deputation of Indian Police Service (IPS) officers to Central Armed Police Forces, arguing that the legislation changes the legal basis underlying the court’s directions.

In a joint affidavit filed on Wednesday, the Ministry of Home Affairs, the Department of Personnel and Training and the CRPF sought dismissal of a writ petition challenging the new law.

The petition was filed by a group of CAPF cadre officers led by CRPF Assistant Commandant and Shaurya Chakra awardee Bibhor Kumar Singh. They have contended that the legislation was introduced to circumvent the Supreme Court’s earlier ruling and is arbitrary and discriminatory, as it fails to address stagnation in promotions among cadre officers.

Under the Act, 50 per cent of Inspector General (IG) posts are to be filled through deputation, while at least 67 per cent of Additional Director General posts are reserved for deputation. Special Director General and Director General posts are to be filled exclusively through deputation.The Supreme Court’s May 23, 2025, judgment had directed the Centre to progressively reduce IPS postings up to the IG rank in five CAPFs - CRPF, BSF, CISF, ITBP and SSB.

The Centre maintained that the legality of IPS deputation to these forces was not directly adjudicated in the earlier proceedings. It argued that decisions concerning cadre restructuring, recruitment methods and promotion avenues fall within the government’s policy-making authority.

The affidavit also said IPS officers bring valuable experience in state administration, policing and regional internal security, benefiting forces with specialised responsibilities. It added that IPS officers and CAPF cadre personnel are recruited under different systems and cannot be considered similarly situated.

The government further stated that courts should not interfere with policy decisions unless they are manifestly arbitrary, mala fide or unconstitutional.Parliament passed the Act in April, and the Union government brought it into force on October 8.