While hearing a petition challenging the constitutional validity of the new Central Armed Police Forces (General Administration) Act, 2026, the Supreme Court has sought the Centre’s response to it. The new Act allows the continued deputation of IPS officers in the CAPFs, which has been challenged in the apex court by a group of CAPFs officers.
A bench of Justices Manoj Misra and Vijay Bishnoi issued notice to the government on it.
The plea contends that the new CAPFs Act has the effect of negating a Supreme Court judgment through legislative means and hence goes against its May 2025 judgment.
The Supreme Court, in its judgment, had ruled that the number of posts earmarked for deputation of IPS officers in the CAPFs up to the level of Senior Administrative Grade (SAG) should be ‘progressively’ reduced over a period of two years. It had been done to remove the career stagnation among the CAPFs’ cadre officers.
The apex court had also added that its move was aimed at bringing in a sense of participation of the cadre officers belonging to the CAPFs in the decision-making process within the administrative framework of the CAPFs, thereby removing the long-standing grievances of career stagnation among the cadre officers.
But the Centre wanted the top court to review its judgment as it batted for the deputation of IPS officers in the CAPFs. After the Centre’s plea for review was rejected by the Supreme Court, the Centre brought in the legislation to formalize the deputation of IPS officers to top positions in the CAPFs.
Now, the petitioners contend that the Act is unconstitutional and violative of Articles 14, 16, and 21 of the Constitution.
The petitioners have also referred to the February 2019 judgment in Union of India vs. Shri Harananda, upholding the Delhi High Court view that CAPFs are Organised Group “A” Central Civil Services and arguing that Parliament, through the Act, could only have removed the legal basis on which the court based its decision.
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