SC questions Centre over deputation of IPS officers in leadership roles in CAPF

The Supreme Court on Wednesday questioned the Centre over its alleged inability to resolve the tussle between IPS and in-house officers of the Central Armed Police Forces (CAPF) over deputation and seniority in service.

A Bench of Justice Ujjal Bhuyan and Justice AS Chandurkar asked Additional Solicitor General (ASG) Aishwarya Bhati if there were no competent officers for holding leadership positions in the CAPF.

“Do you think that there are no competent officers in the CAPF to hold managerial positions? It is wrong... totally wrong... There are officers who have served for 25-30 years in CRPF, ITBP and BSF, and yet they have not been given…why are you treating them like this? They are also defending our borders. They are also fighting for us… Supreme sacrifices they have made…,” Justice Bhuyan told Bhati.

As the ASG sought to defend the Government’s position, saying it was not a CAPF versus IPS issue, Justice Bhuyan said, “You have created this way. I am sorry to use this word, but there is a strong lobby there, and they are virtually…we won’t want to express any view there… how this officers cadres of CRPF, ITBP, BSF…they are completely stifled.”

The Supreme Court had on August 4 issued notice to the Centre on a petition challenging the validity of the Central Armed Police Forces (General Administration) Act, 2026 that allowed the continued deputation of Indian Police Service (IPS) officers at senior levels in the CAPF.

It had asked the Centre to respond to a petition filed by a group of 3,000 officers who contended that the Act made 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. The petitioners also included gallantry award winners and women officers.

They contended that the amendment went against the top court 2025 verdict in Sanjay Prakash versus Union of India 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.

The top court had 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 while 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 contended that the amendment was unconstitutional as it simply overturned the top court’s verdict.