New Delhi : The Supreme Court has issued notices to the Union Government on petitions filed by serving officers of the Central Armed Police Forces (CAPFs), challenging key provisions of the newly enacted Central Armed Police Force (General Administration) Act, 2026. The petitions argue that the law undermines the career progression of CAPF officers by reserving senior leadership positions for Indian Police Service (IPS) officers on deputation.
The lead petitioner is CRPF Assistant Commandant Bibhor Kumar Singh, a Shaurya Chakra awardee who lost both his legs during an anti-Maoist operation in Bihar in 2022 while serving the nation.
A Bench comprising Justices Manoj Misra and Vijay Bishnoi on Tuesday issued notices to the Union Ministry of Home Affairs and the Department of Personnel and Training (DoPT), seeking their responses. The matter has been posted for further hearing on November 18, 2026.
Challenge to the CAPF Act
The petitions seek to strike down Sections 3 and 4 of the CAPF Act, 2026, contending that they are ultra vires the Constitution of India.
The Act, which was passed by Parliament on April 2, 2026, and notified on April 9, 2026, provides that:
- 50% of Inspector General (IG) posts shall be filled by IPS officers on deputation.
- At least 67% of Additional Director General (ADG) posts shall be occupied by IPS officers.
- All Special Director General (SDG) and Director General (DG) posts shall be reserved for IPS officers on deputation.
Section 3 governs recruitment and service conditions while overriding any previous court orders, whereas Section 4 authorizes the Central Government to amend the schedules of the Act through notifications whenever it considers such action necessary in the public interest.
Petitioners Cite Supreme Court Judgment
The petitioners have requested the apex court to direct implementation of its May 23, 2025 judgment in the Sanjay Prakash vs. Union of India case.
In that landmark ruling, the Supreme Court recognized Group A Executive Cadre officers of CAPFs as Organised Group A Services and directed the government to progressively reduce IPS deputation to IG-level posts over a two-year period. It also ordered a time-bound review of cadre and service rules within six months.
However, after the Ministry’s review petition was dismissed by the Supreme Court on October 28, 2025, making the judgment final, the Centre introduced the CAPF Bill in Parliament in March 2026, which the petitioners claim effectively nullified the court’s ruling.
Demand for Promotion from Within CAPFs
The officers have urged the Supreme Court to ensure that Higher Administrative Grade (HAG) positions across all CAPFs are filled by eligible executive cadre officers from within the respective forces rather than being reserved predominantly for IPS officers on deputation.
The petitioners contend that the new law adversely affects the promotional prospects and morale of thousands of career CAPF officers who have dedicated their service to the country’s internal security.
CAPFs Covered Under the Act
The legislation applies to all major Central Armed Police Forces, including:
- Central Reserve Police Force (CRPF)
- Border Security Force (BSF)
- Central Industrial Security Force (CISF)
- Indo-Tibetan Border Police (ITBP)
- Sashastra Seema Bal (SSB)
The Supreme Court’s forthcoming hearing is expected to have significant implications for the future leadership structure, promotional avenues, and administrative framework of India’s Central Armed Police Forces.
