More than 800 serving Group A officers of the Central Armed Police Forces (CAPFs) have challenged the Central Armed Police Forces (General Administration) Act, 2026, in the Supreme Court, contending that the legislation restricts their career progression and effectively circumvents the Court’s May 23, 2025 judgment directing a progressive reduction in Indian Police Service (IPS) deputation to senior posts. The Union government, in a detailed counter-affidavit, has defended the Act, stating that it does not override or nullify the earlier judgment and that IPS deputation remains necessary for the country’s internal security architecture.
The petitions, filed under Article 32 of the Constitution, include gallantry awardees. The lead petitioner is CRPF Assistant Commandant Bibhor Kumar Singh, a Shaurya Chakra recipient who lost both lower limbs and fingers of his left hand in an anti-Maoist operation in Bihar’s Gaya and Aurangabad districts in February 2022. Another petitioner, Harshpal Singh, is a Kirti Chakra awardee for an operation in Jammu. The officers argue that the Act creates a “glass ceiling,” perpetuates stagnation (with first promotions delayed by 15–16 years in some cases), and violates Articles 14, 16 and 21 of the Constitution as well as the doctrine of separation of powers.
Key Provisions of the Act
Parliament passed the legislation in April 2026 (Rajya Sabha on April 1 and Lok Sabha on April 2). It was notified and brought into force on October 8, 2026, by the Ministry of Home Affairs. The Act establishes a common framework for recruitment, promotions, deputation and service conditions for Group A officers in the five CAPFs: the Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB).
Under the Act:
- 50 per cent of Inspector General (IG) posts are to be filled by IPS officers on deputation.
- At least 67 per cent of Additional Director General (ADG) posts are reserved for IPS deputation.
- All Special Director General (SDG) and Director General (DG) posts are to be filled exclusively through deputation.
Sections 3 and 4 of the Act, which regulate recruitment and service conditions (notwithstanding any court judgment) and empower the Centre to amend schedules by notification, are specifically challenged as ultra vires. The legislation also does not retain the earlier practice of reserving 50 per cent of Deputy Inspector General (DIG) posts for CAPF cadre officers.
Officers’ Contentions
The petitioners maintain that the Act was enacted to nullify the Supreme Court’s May 23, 2025 judgment in Sanjay Prakash v. Union of India, which directed the progressive reduction of IPS deputation posts up to the Senior Administrative Grade (up to IG rank) within two years and ordered a cadre review. That judgment followed nearly two decades of litigation over promotional stagnation. The officers seek implementation of the 2025 directions, a declaration that Higher Administrative Grade posts should be filled from eligible executive cadre officers, and directions for timely cadre reviews with cadre representation.
They contend that fixed deputation quotas lack an operational basis, discriminate against officers who have spent their entire careers in specialised roles (border guarding, counter-insurgency, anti-Naxal operations and internal security), and adversely affect morale.
Centre’s Defence
In a joint counter-affidavit filed on behalf of the Ministry of Home Affairs, the Department of Personnel and Training and the CRPF, the Centre stated that the 2026 Act “is not an attempt to sit in appeal over the judgement dated 23.05.2025” but is “a permissible exercise which alters the legal foundation upon which the directions contained in the said judgement were premised.” The government emphasised that Parliament has legislative competence and that the Act does not re-enact any provision previously struck down.
The Centre argued that IPS deputation has existed since the inception of the CAPFs under their recruitment rules and is essential for coordination with state police forces, internal security, counter-insurgency, left-wing extremism operations, border management and intelligence. It rejected claims of IPS incompetence, noting that these officers serve in relevant theatres and act as a link between the Centre and the states. The government also disputed the assertion that IPS officers occupy most senior posts, stating that only 47 of 607 sanctioned DIG posts and 64 of 140 sanctioned IG posts are held by IPS officers. It added that the cadre review directed by the Court is underway within the framework of the new Act.
Background and Current Proceedings
The Supreme Court’s May 2025 judgment directed progressive reduction of deputation posts up to SAG level within two years. The Centre’s review petition was dismissed in October 2025. Subsequent proceedings have also examined 46 IPS deputations made after the judgment. Contempt petitions alleging non-compliance have been clubbed with the writ petitions challenging the Act. A Special Bench is hearing the matters; the Act’s validity challenge has a returnable date in November 2026.
The dispute centres on the balance between operational requirements of the CAPFs combined strength of roughly one million personnel engaged in border security, counter-insurgency and internal security and the career progression of officers recruited directly into these forces. The outcome will determine the leadership structure of the CAPFs and the practical effect of the 2025 judgment.
