New Delhi: The Supreme Court has sought an explanation from the Union Home Secretary after the Ministry of Home Affairs informed it that 46 IPS officers have been deputed to senior-level positions in the Central Armed Police Forces (CAPFs) since the court’s May 23, 2025 judgment, which had directed the Centre to progressively reduce such deputations.
A Bench of Justice Ujjal Bhuyan and Justice A S Chandurkar has directed the Union Home Secretary to explain the reasons for bringing IPS officers on deputation to the five CAPFs and the procedure followed for making such appointments.
The Bench has also questioned whether there are no competent officers within the CAPFs to occupy managerial positions.
The court has directed the Home Secretary to file an affidavit within two weeks and listed the matter for further hearing on September 22 at 2 pm.
46 IPS Officers Deputed to Five CAPFs
The Ministry of Home Affairs informed the Supreme Court that 46 IPS officers had been brought on deputation to the CAPFs up to the level of Senior Administrative Grade (SAG) after the May 23, 2025 judgment.
According to the affidavit filed by the MHA, the 46 officers were deputed to five CAPFs as follows:
- BSF: 13 officers — 8 DIGs and 5 IGs
- CISF: 11 officers — 9 DIGs and 2 IGs
- CRPF: 9 officers — 4 DIGs and 5 IGs
- ITBP: 6 officers — 3 DIGs and 3 IGs
- SSB: 7 officers — 2 SPs, 2 DIGs and 3 IGs
The affidavit was filed in compliance with the Supreme Court’s July 28, 2026 order, which had directed the MHA to provide cadre-wise details of IPS officers brought on deputation to the CAPFs since the May 23, 2025 judgment.
Supreme Court Seeks Reasons for Continuing IPS Deputations
After examining the figures, the Bench directed the Home Secretary to explain why IPS officers continued to be brought into the five CAPFs despite the court’s earlier directions.
The court specifically sought details about the procedure followed before the deputations were made, including whether the borrowing CAPFs or departments had formally requisitioned officers for deputation.
The Bench said the Home Secretary must explain:
- Why IPS officers were brought on deputation to the five CAPFs.
- What procedure was followed before their deputation.
- Whether requisitions were made by the borrowing departments.
- Why such deputations were made despite the Supreme Court’s May 23, 2025 judgment directing their progressive reduction.
The court also questioned during the hearing whether there were no competent officers within the CAPFs capable of holding managerial positions.
2025 Judgment Directed Reduction in IPS Deputation
The proceedings stem from the Supreme Court’s May 23, 2025 judgment concerning the cadre structure and leadership of the CAPFs.
The court had directed the Centre to progressively reduce the number of posts earmarked for deputation in CAPF cadres up to the SAG level, preferably within an upper limit of two years.
The judgment also directed the Centre to progressively reduce IPS deputation in the CAPFs up to the level of Inspectors General (IGs) over the following two years.
The latest proceedings are focused on the implementation of those directions and the continued appointment of IPS officers to senior CAPF positions.
Supreme Court Monitoring Implementation
The Bench of Justice Ujjal Bhuyan and Justice A S Chandurkar has been monitoring compliance with the May 23, 2025 judgment.
Following its July 28, 2026 order, the court sought detailed information from the MHA on the number and cadre-wise distribution of IPS officers deputed to CAPFs after the judgment.
The MHA’s latest affidavit has now placed the figure at 46 officers, prompting the court to seek a direct explanation from the Union Home Secretary.
The Home Secretary has been given two weeks to submit the affidavit explaining the circumstances and procedure behind the appointments.
The matter will next be heard on September 22 at 2 pm.
Challenge to CAPF General Administration Act, 2026
The latest development also comes against the backdrop of a separate challenge before the Supreme Court to the Central Armed Police Forces (General Administration) Act, 2026.
On August 4, 2026, the Supreme Court issued notice to the Centre on a petition challenging the validity of the 2026 Act, which, according to the petitioners, allows the continued deputation of IPS officers at senior levels in the CAPFs.
The petition has been filed by a group of around 3,000 CAPF officers, who have argued that the legislation makes it difficult for cadre officers to secure promotions to leadership and other higher positions.
Of the approximately 3,000 petitioners, around 1,500 are from the CRPF. Many of them have approached the Supreme Court individually.
The petitioners also include gallantry award winners and women officers.
CAPF Officers Challenge Continued IPS Presence
The petitioners have contended that the 2026 legislation runs contrary to the Supreme Court’s 2025 ruling in Sanjay Prakash versus Union of India.
In that judgment, the court held that Higher Administrative Grade (HAG) posts in all CAPFs should be filled from among eligible executive cadre officers of the respective forces, rather than being filled exclusively through deputation.
The petitioners have argued that allowing continued IPS deputation at senior levels could affect the career progression of officers belonging to the respective CAPF cadres.
CAPF Executive Cadre Recognised as Organised Group A Services
In its May 23, 2025 judgment, the Supreme Court also ruled that Group A executive cadre officers of the CAPFs constitute organised Group A services for all purposes.
The ruling has significant implications for the career progression and leadership opportunities of officers belonging to the executive cadres of the CAPFs.
The court’s direction to progressively reduce IPS deputation was aimed at providing greater opportunities for eligible cadre officers to occupy senior leadership positions within their respective forces.
The latest order seeking an explanation from the Home Secretary indicates that the Supreme Court is closely examining whether the Centre’s actions since the 2025 judgment are consistent with those directions.
Home Secretary Asked to Explain Deputations
With 46 IPS officers having been deputed to the BSF, CISF, CRPF, ITBP and SSB since the May 2025 judgment, the Supreme Court has now sought a detailed explanation from the Union Home Secretary.
The affidavit will have to address both the reasons for the deputations and the process through which the officers were selected and brought into the CAPFs.
The court’s next hearing on September 22 is expected to further examine the Centre’s compliance with its earlier directions on IPS deputation and the role of CAPF cadre officers in senior leadership positions.
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