Supreme Court issues notice to government on pleas against CAPF Act

The Supreme Court on Tuesday (August 4, 2026) issued notice to the Union government while hearing writ petitions filed by serving Central Armed Police Force (CAPF) officers who have challenged the recently enacted Central Armed Police Force (General Administration) Act, 2026. The lead petitioner in the case is Central Reserve Police Force (CRPF) Assistant Commandant Bibhor Kumar Singh, a Shaurya Chakra awardee who lost both his legs in an anti-Maoist operation in Bihar in 2022.

A Bench of Justices Manoj Misra and Vijay Bishnoi issued notices to the Union Home Ministry and the Department of Personnel and Training. It will hear the case again on November 18.

The Act, passed by Parliament on April 2 and notified on April 9 this year, says that 50% of the total posts in the rank of Inspector General (IG), at least 67% posts in the rank of Additional Director General, and all posts in the rank of Special Director General and Director General shall be filled by Indian Police Service (IPS) officers on deputation.

The petitions in the apex court seek to declare Section 3 and Section 4 of the CAPF Act as “as ultra vires the Constitution of India.”

While Section 3 pertains to “regulation of recruitment and conditions of service”, notwithstanding any judgment, decree or order of any court and specifies the percentage of posts reserved for IPS officers on deputation, Section 4 gives the Central government the power to amend the First and Second Schedules of the Act through a notification when it considers such action necessary or expedient in public interest.

Until now, such postings were done based on executive orders. The 50% cap on DIG posts, to be filed by Group A CAPF officers, was done away with, paving the way for higher percentage of IPS deputation.

The petitioners have sought directions for the implementation of the Supreme Court’s judgment passed on May 23, 2025, in the Sanjay Prakash vs. Union of India case, and a declaration that Higher Administrative Grade posts in all CAPFs be filled from among eligible executive cadre officers of the respective forces, rather than exclusively through deputation, along with any other relief. The Supreme Court had ruled that Group A Executive Cadre officers of CAPFs are Organised Group A Services for all purposes. Besides progressively reducing the IPS deputation in CAPFS up to the level of IGs in the next two years, the court asked for timebound review of cadre and service rules in six months.

The Ministry challenged the judgment but on October 28, 2025, the court dismissed the review petition, making the ruling final. The Ministry introduced a Bill in Parliament in March 2026, which effectively nullified the judgment.

The CRPF, Border Security Force, Indo Tibetan Border Police, Sashastra Seema Bal, and the Central Industrial Security Force comprise the CAPFs.