Over 3,000 serving officers move SC against CAPF Act, Pg13

Key Highlights:

• Over 3,000 Central Armed Police Force (CAPF) Group A officers have moved the Supreme Court challenging the Central Armed Police Force (General Administration) Act, 2026.
• The Act, passed on April 2 and notified on April 9, 2026, mandates a higher percentage of Indian Police Service (IPS) officers in CAPF leadership positions.
• This legislation effectively negates a May 2025 Supreme Court ruling that aimed to reduce IPS deputation and promote CAPF cadre officers to top posts.
• Petitioners seek to declare Sections 3 and 4 of the new Act as ultra vires the Constitution of India.

Detailed Insights:

• The Central Armed Police Force (General Administration) Act, 2026 reserves 50% of Inspector General, at least 67% of Additional Director General, and all Special Director General and Director General posts for IPS officers on deputation.
• Previously, such postings were based on executive orders, and a 50% reservation for CAPF Group A officers at the Deputy Inspector General level is absent in the new Act.
• The Supreme Court's May 23, 2025, ruling in Sanjay Prakash v. Union of India declared CAPF Group A Executive Cadre officers as Organised Group A Services.
• This ruling directed a progressive reduction of IPS deputation in CAPFs up to the Inspector General level within two years and mandated a time-bound review of cadre and service rules.
• The Ministry of Home Affairs (MHA) challenged the 2025 judgment, but the review petition was dismissed on October 28, 2025, making the ruling final.
• Following a contempt petition by retired CAPF officials, the MHA introduced the Bill in March 2026, which subsequently became the current Act, effectively overturning the Supreme Court's decision.
• The CAPFs include the Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB), and the Central Industrial Security Force (CISF).

Key Concepts Involved:

• Central Armed Police Forces (CAPFs): Uniformed forces under the Ministry of Home Affairs responsible for internal security, border guarding, and law enforcement.
• Indian Police Service (IPS): An All-India Service whose officers serve in state police forces and central armed police organizations.
• Organised Group A Services: Services where officers have a structured career progression, cadre review, and non-functional financial upgradation.
• Ultra Vires: Latin term meaning "beyond the powers," referring to an act that exceeds the legal authority of the body performing it.
• Deputation: Temporary transfer of an employee from one government department or organization to another.