New Delhi: The Union government has told the Supreme Court that the deputation of 46 Indian Police Service officers to five Central Armed Police Forces after the Court’s May 2025 judgment does not violate that ruling, arguing that the direction was for a progressive reduction of earmarked deputation posts and not a prohibition on fresh appointments. The matter is listed for further hearing on 29 September 2026.
Union Home Secretary Govind Mohan set out the Centre’s position in an affidavit filed before a Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar. The affidavit was submitted after the Court, on 2 September, directed him to explain why IPS officers continued to be brought on deputation to the Border Security Force, Central Industrial Security Force, Central Reserve Police Force, Indo-Tibetan Border Police and Sashastra Seema Bal despite the 23 May 2025 judgment in Sanjay Prakash and Others v. Union of India.
That judgment held that Group A executive cadres of the CAPFs constitute organised Group A services and directed that posts earmarked for IPS deputation up to the Senior Administrative Grade, or Inspector General rank, be progressively reduced over a period of time, with an outer limit of about two years. A review petition by the Centre was dismissed in October 2025.
Parliament subsequently enacted the Central Armed Police Forces (General Administration) Act, 2026, which provides a statutory basis for filling a prescribed share of senior posts by IPS officers on deputation. Serving and retired CAPF cadre officers have filed contempt petitions, contending that the Act and continued deputations restrict their career progression and amount to non-compliance with the 2025 judgment.
According to the Ministry of Home Affairs, the 46 officers deputed after 23 May 2025 comprise two Superintendents of Police, 26 Deputy Inspectors General and 18 Inspectors General. The force-wise distribution is: BSF, 13 officers (eight DIGs and five IGs); CISF, 11 (nine DIGs and two IGs); CRPF, nine (four DIGs and five IGs); ITBP, six (three DIGs and three IGs); and SSB, seven (two SPs, two DIGs and three IGs).
The Home Secretary submitted that the Court had not directed that IPS deputation to the CAPFs be discontinued altogether. “The direction of this Hon’ble Court is for a progressive reduction in the number of posts earmarked for deputation and does not amount to a prohibition against the appointment of IPS officers on deputation to the CAPFs,” the affidavit stated.
It added that the postings were made within the existing statutory and regulatory framework, against vacancies in the IPS deputation quota under the relevant recruitment rules, and only on requisitions received from the Directors General of the respective forces.
The Centre further described the presence of IPS officers in the CAPFs as a considered policy decision, necessary for effective functioning, coordination with State police forces, and the maintenance of the forces’ distinct character. It linked that role to Article 312 of the Constitution, the All India Services Act, 1951, and the operational requirements of internal security and border management.
The affidavit denied any intention to disobey the Court’s orders and recorded that cadre-review proposals for the five forces are under way, with Non-Functional Financial Upgradation already extended to address stagnation among CAPF officers.
During the 2 September hearing, the Bench questioned whether competent officers were unavailable within the CAPF cadres to occupy senior managerial posts. Justice Bhuyan orally observed that cadre officers who had served for decades were being “completely stifled” and that a “strong lobby” appeared to be at work. The Court said it would continue to monitor implementation of the 23 May 2025 judgment.
The explanatory affidavit was due after the 2 September order; reports of the Centre’s defence circulated around 21–22 September. Officials have indicated that the next hearing is scheduled for 29 September 2026. The Court is expected to examine whether the 46 deputations, the procedure of requisition, and the CAPF (General Administration) Act, 2026, are consistent with the 2025 directions on progressive reduction and cadre review.
