Journalism of Courage
New CAPF Act against Constitution? Supreme Court seeks Centre’s response
The Central Armed Police Forces (General Administration) Act, 2026, allows the continued deputation of IPS officers in the forces. The petitioners have contended it is unconstitutional.
The plea in the Supreme Court contends that the CAPF Act has the effect of negating a Supreme Court judgment using legislative means, which is in violation of the doctrine of separation of powers. (File Photo)
The Supreme Court on Tuesday sought the Centre’s response to a plea challenging the constitutional validity of the Central Armed Police Forces (General Administration) Act, 2026, which allows the continued deputation of Indian Police Service (IPS) officers in the forces.
A bench of Justices Manoj Misra and Vijay Bishnoi issued notice to the government on the plea by a group of officers who contended that the Act goes against a May 23, 2025, Supreme Court judgment in the case Sanjay Prakash vs Union of India.
The Supreme Court had said in the judgment that “keeping in mind the twin objectives of service mobility of the cadre officers of CAPF thereby removing stagnation on the one hand and the operational/functional requirement of the forces on the other hand, we are of the view that the number of posts earmarked for deputation in the cadres of the CAPFs upto the level of Senior Administrative Grade (SAG) should be progressively reduced over a period of time, say within an outer limit of two years.”
The judgement added that “this will bring 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 the cadre officers.”
Act negates Supreme Court judgment: Petitioners
The petitioners have contended that the Act brought in after this judgment is unconstitutional and violative of Articles 14, 16, and 21 of the Constitution.
Section 3 of the Act says that “notwithstanding anything contained in any other law for the time being in force, or…(a) any judgment, decree or order of any court; or (b) any Order issued from time to time, the Central Government may, by notification, make rules to provide for the method, manner and mode of recruitment including promotion and deputation and the conditions of service of officers in the Central Armed Police Force.”
It also provides for continued deputation of IPS officers to senior positions and mandates that the director general post will only be held by deputation.
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Section 3 says: “Provided further that for the purposes of appointment of officers from the Indian Police Service in the ranks of Inspector General and above, such rules shall provide for–– (a) fifty per cent of the posts to be filled by deputation in the rank of inspector general; and (b) a minimum of sixty-seven per cent of the posts to be filled by deputation in the rank of additional director general: Provided also that the posts in the ranks of special director general and director general shall be filled by deputation only.”
The petitioners also referred to the February 2019 judgement in Union of India vs Shri Harananda upholding the Delhi High Court view that CAPFs are Organised Group “A” Central Civil Services and argued that Parliament, through the Act, could only have removed the legal basis on which the court based its decision.
The plea contended that the Act has the effect of negating the Supreme Court judgment using legislative means, which is in violation of the doctrine of separation of powers.
© The Indian Express Pvt Ltd
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