CAPF Act, 2026 Comes into Force While Its Validity Is Challenged in the Supreme Court
The Ministry of Home Affairs (MHA) has notified 8 October 2026 as the date from which the Central Armed Police Forces (General Administration) Act, 2026 comes into force. Parliament passed the law in April 2026.
The Act covers five forces: the CRPF, BSF, CISF, ITBP and SSB. It gives the Union government the power to make rules on recruitment, promotion, deputation and service conditions of their officers. Earlier these matters ran mostly on executive orders.
The Act fixes how many senior posts go to Indian Police Service (IPS) officers on deputation (officers lent from their own service to another organisation): 50% of Inspector General (IG) posts, at least 67% of Additional Director General (ADG) posts, and all Special Director General and Director General posts.
In May 2025, the Supreme Court had ordered the government to gradually reduce IPS deputation in CAPF posts up to the Senior Administrative Grade (roughly the IG level) within about two years. The new Act fixes the IPS share instead.
Serving CAPF officers have challenged the Act in the Supreme Court. One petition was filed by 34 officers and another by 890 officers. They argue the law breaks Articles 14, 16 and 21 and the separation of powers, because its Section 3 applies "notwithstanding any judgment, decree or order of any court". The Court has issued notice to the Union government, but has not decided the case yet.
Central Armed Police Forces (CAPFs): Structure and Role
Central Armed Police Forces, or CAPFs, are armed police forces that belong to the Union government and work under the Ministry of Home Affairs. They guard India's borders, protect important buildings like airports and power plants, and help states control riots, insurgency and elections. They are different from the Army: they are police forces, not military forces. Their officers come from two streams: their own cadre officers (recruited directly, mainly through the UPSC CAPF (Assistant Commandants) exam) and IPS officers who come on deputation for senior posts.
The new Act puts the old deputation dispute into a law passed by Parliament. It replaces the Court's direction to reduce IPS deputation with fixed IPS shares at the top ranks. This is why cadre officers have gone back to the Supreme Court.
Separation of Powers and Parliamentary Override of Court Judgments
Sometimes a court gives a judgment and the government does not agree with it. The legislature (Parliament or a state assembly) then passes a new law to change the result. Indian courts allow this only in one way: the legislature may change the law on which the judgment was based (it "removes the basis" of the judgment). It may not simply declare that a court's judgment will not apply, because deciding cases is the court's job. Doing that would break the separation of powers, which is part of the Constitution's basic structure.
The petitioners argue that the CAPF Act does not remove the legal basis of the 2025 Sanjay Prakash judgment, but only tries to cancel its effect. The government argues that Parliament has the power to make laws on recruitment and deputation in the CAPFs. The Supreme Court will apply the "removing the basis" test to decide which side is right.
- Act: Central Armed Police Forces (General Administration) Act, 2026; passed April 2026; in force from 8 October 2026 (MHA notification)
- Forces covered: CRPF, BSF, CISF, ITBP, SSB
- IPS deputation shares: 50% of IG posts; at least 67% of ADG posts; 100% of Special DG and DG posts
- Section 3: applies notwithstanding any judgment, decree or order of any court
- Sanjay Prakash v. Union of India: 23 May 2025; OGAS for all cadre matters; gradual cut in deputation up to SAG within about two years; review dismissed October 2025
- Harananda v. Union of India (2019): OGAS status for CAPF officers (financial upgradation)
- Challenges: petitions by 34 officers and by 890 officers; grounds: Articles 14, 16, 21 and separation of powers
- Test from Prithvi Cotton Mills (1969): a legislature may remove the basis of a judgment, but cannot simply overrule it