CAPF cadre officers challenge deputation provisions, seek implementation of SC verdict

New Delhi, Oct 8 (KNS): The Central Armed Police Forces (General Administration) Act, 2026, which establishes a common framework governing recruitment, promotions, deputation and service conditions of officers in five central paramilitary forces, came into force on Thursday, even as its constitutional validity remains under challenge before the Supreme Court.

The Ministry of Home Affairs (MHA), in a notification issued on October 8, formally brought the legislation into effect, months after Parliament passed it in April this year.

"In exercise of the powers conferred by sub-section (2) of section 1 of the Central Armed Police Forces (General Administration) Act, 2026, the Central Government hereby appoints the 08th day of October, 2026, as the date on which the provisions of the said Act shall come into force," the notification stated.

The legislation provides a uniform statutory framework for regulating recruitment, promotions, deputation and other conditions of service of Group-A general duty officers and other officers serving in 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).

Its enforcement comes amid an ongoing legal battle between the Centre and thousands of CAPF cadre officers who have challenged provisions governing the deputation of Indian Police Service (IPS) officers to senior positions in these forces.

In an affidavit submitted to the Supreme Court, the Centre recently maintained that appointments of Group-A general duty officers in the CAPFs are now governed by the new legislation.

The government said the Act expressly empowers it to determine the method, manner and mode of recruitment, including appointments through deputation, as well as the conditions of service applicable to officers across the five forces.

However, CAPF cadre officers have argued that the legislation perpetuates restrictions on their career progression by continuing to reserve senior leadership positions for IPS officers brought on deputation.

Under the new law, 50 per cent of inspector general-level posts are to be filled through IPS deputation, while at least 67 per cent of additional director general-level positions are earmarked for officers on deputation.

Appointments to the ranks of special director general and director general are to be made exclusively through deputation.

The provisions have become a central point of contention in the legal proceedings, with cadre officers maintaining that continued dependence on deputation limits promotion opportunities for officers who have spent their careers serving in the CAPFs.

The dispute has its origins in a Supreme Court judgment delivered in May 2025, in which the apex court directed that deputation of IPS officers to CAPF positions up to the rank of inspector general be progressively reduced over a period of two years.Click Here To Follow Our WhatsApp Channel

The court had observed that delayed promotions and restricted career advancement could adversely affect the morale of CAPF cadre officers.

It also directed the government to undertake a cadre review and progressively reduce the number of posts earmarked for deputation up to the Senior Administrative Grade (SAG) level within the prescribed period.

In October 2025, the Supreme Court dismissed the Centre's petition seeking a review of its earlier judgment, leaving the directions on deputation and cadre restructuring intact.

CAPF officers have since approached the apex court through multiple petitions, including contempt proceedings, seeking implementation of the judgment and challenging the subsequent legislative framework.

A group of retired CAPF officers also filed a contempt petition against then Union Home Secretary Govind Mohan, alleging non-compliance with the Supreme Court's October 2025 order.

The petitioners contended that legislative changes affecting the command structure, service conditions and leadership opportunities within the forces could have far-reaching implications for institutional morale and operational effectiveness.

They argued that the issue was particularly significant given the responsibilities entrusted to the CAPFs in maintaining internal security, guarding international borders and responding to security challenges across the country.

The government, meanwhile, has defended the need for a unified legislative framework, citing the expanding operational responsibilities and evolving organisational requirements of the forces.

According to the Statement of Objects and Reasons accompanying the legislation, the absence of an umbrella law had resulted in fragmented regulatory provisions governing service matters across the CAPFs.

"In recent years, due to the absence of an umbrella law, regulatory provisions have evolved in a fragmented manner, resulting in several litigation on service-related matters, leading to some functional and administrative difficulties," the statement said.

The Centre maintains that the new legislation seeks to address these inconsistencies by establishing a common statutory mechanism for managing recruitment, promotions, deputation and service conditions.

With the Act now operational, the dispute over senior-level appointments and promotion opportunities in the CAPFs remains before the Supreme Court, whose consideration of the pending petitions will be significant for the future service structure and leadership arrangements of the five forces.(KNS)