3,000 cadre officers move Supreme Court against CAPF Act, hearing likely on August 4
The provisions of the Act make it difficult for CAPF cadre officers to be promoted to leadership and other higher positions
As many as 3,000 serving Central Armed Police Forces (CAPF) Group A cadre officers have moved the Supreme Court challenging the Central Armed Police Forces (General Administration) Act, 2026, which was passed by Parliament in April.
The petitioners include gallantry award winners and women officers, and there is a likelihood that the petition will come up for hearing on Tuesday.
The provisions of the Act make it difficult for CAPF cadre officers to be promoted to leadership and other higher positions. Of the 3,000 petitioners, around 1,500 are from the CRPF, and most have approached the Supreme Court individually.
A petitioner told The Tribune that the provisions of the legislation effectively negate the Supreme Court's May 2025 order, which held that all Higher Administrative Grade (HAG) posts in all CAPFs should be filled from among eligible executive cadre officers of the respective forces, rather than exclusively through deputation.
On May 23, 2025, the Supreme Court further ruled that Group A executive cadre officers of the CAPFs constitute organised Group A services for all purposes. It also directed the Centre to progressively reduce IPS deputation in the CAPFs up to the level of Inspectors General (IGs) over the next two years.
Additionally, the apex court directed the Centre to conduct a time-bound cadre review within six months. The petitions filed by the CAPF officers seek to have Sections 3 and 4 of the CAPF Act declared ultra vires (beyond the powers of) the Constitution of India.
Section 3 deals with the regulation of recruitment and conditions of service. It begins with a non obstante clause overriding any judgment, decree or order of any court and specifies the percentage of posts reserved for IPS officers on deputation. Section 4 empowers the Union government to amend the First and Second Schedules of the Act through a notification whenever it considers such action necessary or expedient in the public interest.
The petitioners have also sought directions for the implementation of the Supreme Court's judgment dated May 23, 2025.
The law, which was notified on April 9 this year, effectively overrode the Supreme Court's verdict by providing that in all CAPFs, 50 per cent of the posts in the rank of Inspector General (IG), at least 67 per cent of the posts in the rank of Additional Director General (ADG), and all posts in the ranks of Special Director General (SDG) and Director General (DG) must be filled by IPS officers on deputation.
The controversial Act also omits the provision reserving 50 per cent of Deputy Inspector General (DIG) posts for Group A CAPF officers, an issue over which retired paramilitary officers have been protesting for the past several months.
In fact, on the day the Bill was passed by Parliament in April, former paramilitary officers staged a dharna at Jantar Mantar in the national capital to protest against the legislation.
Incidentally, before enacting the law, the Union Home Ministry had challenged the Supreme Court's May 2025 judgment. However, on October 28, 2025, the apex court dismissed the review petition, thereby making its ruling final.
The CAPFs comprise the CRPF, Border Security Force (BSF), Indo-Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB) and the Central Industrial Security Force (CISF).
