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Representative image · Photo: d18x2uyjeekruj.cloudfront.net

SC Seeks Home Secretary's Affidavit on IPS Postings in CAPFs

Supreme Court directs Union Home Secretary to explain IPS deputation to CAPFs, continues oversight of 2025 judgment.

The Supreme Court has directed Union Home Secretary Govind Mohan to file an affidavit within two weeks explaining the procedure followed for bringing Indian Police Service (IPS) officers on deputation to the Central Armed Police Forces (CAPFs). The order, uploaded on September 5, 2026, comes amid ongoing monitoring of the court's May 23, 2025 judgment that mandated a progressive reduction of IPS deputation posts up to the Senior Administrative Grade (SAG) level.

The court's directive follows a hearing on September 2, where it sought an explanation from the Home Secretary in response to a contempt petition filed by former CAPF officers. The petition alleged non-implementation of the 2025 order, which required reducing IPS deputation in CAPFs up to the rank of Inspector General within two years.

During the hearing, Justice Ujjal Bhuyan orally observed that a "strong lobby" existed and that cadre officers of CAPFs were "completely stifled." The bench, also comprising Justice Atul S. Chandurkar, asked the Home Secretary to clarify whether formal requisitions were made by borrowing departments and why such appointments were made despite the court's earlier direction.

An affidavit submitted by the Home Secretary revealed that 46 IPS officers have been brought on deputation to CAPFs up to the SAG level after the 2025 judgment. The breakdown includes 13 officers to the Border Security Force (BSF), 11 to the Central Industrial Security Force (CISF), nine to the Central Reserve Police Force (CRPF), six to the Indo-Tibetan Border Police (ITBP), and seven to the Sashastra Seema Bal (SSB).

To circumvent the 2025 judgment, the government enacted the CAPFs (General Administration) Act, 2026, which was gazetted on April 9. The Act mandates that 50% of Inspector General posts, at least 67% of Additional Director General posts, and all Special Director General and Director General posts in CAPFs be filled by IPS officers on deputation. It also removed the 50% cap on Deputy Inspector General posts reserved for Group A CAPF officers.

Seven writ petitions challenging the legislation have been filed and are scheduled for hearing before the Supreme Court on November 18. The court stated it "shall continue monitoring of implementation of the judgment" from 2025.