The Supreme Court has sought a detailed explanation from Union Home Secretary Govind Mohan over the deputation of 46 Indian Police Service (IPS) officers to five Central Armed Police Forces (CAPFs) after its May 23, 2025, judgement directing a gradual reduction in IPS deputation at senior levels.
A Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar passed the direction while examining contempt petitions alleging non-compliance with the Court’s earlier judgement in Sanjay Prakash & Ors. v. Union of India & Ors.
The order, uploaded on September 5, asks the Ministry of Home Affairs (MHA) to explain how the deputations were processed and why IPS officers continued to be appointed despite the Court’s direction to progressively reduce deputation posts in CAPF cadres up to the Senior Administrative Grade (SAG).
The Home Secretary has been given two weeks to file an affidavit explaining the process followed.
46 IPS Officers Posted to Five CAPFs
According to the affidavit already submitted by the MHA, 46 IPS officers up to the SAG level were deputed to the CAPFs after the Supreme Court’s May 2025 judgement.
The Border Security Force (BSF) received the highest number, with 13 officers. This included eight Deputy Inspectors General (DIGs) and five Inspectors General (IGs).
The Central Industrial Security Force (CISF) received 11 officers, comprising nine DIGs and two IGs, while nine officers were deputed to the Central Reserve Police Force (CRPF), including four DIGs and five IGs.
The Indo-Tibetan Border Police (ITBP) received six IPS officers—three DIGs and three IGs. The Sashastra Seema Bal (SSB) received seven officers, comprising two Superintendents of Police (SPs), two DIGs and three IGs.
Overall, the 46 deputations comprised two SPs, 26 DIGs and 18 IGs.
The figures have drawn the Court’s attention because the 2025 judgement had called for the number of deputation posts in CAPF cadres up to the SAG level to be reduced progressively, preferably within two years.
SC Questions Process Behind Deputations
The latest order specifically asks the MHA Secretary to explain whether the concerned CAPFs had formally sought the services of IPS officers before the deputations were approved.
The Court has sought details of the procedure followed, including whether requisitions were made by the borrowing organisations and the circumstances that led to the appointments.
The Bench also wants the government to explain the rationale for making these appointments after the May 2025 judgement.
The issue had come up during the September 2 hearing of the contempt petitions. Justice Ujjal Bhuyan had then orally remarked that there appeared to be a “strong lobby” and observed that cadre officers in the CAPFs were being “completely stifled”.
The Court has now made it clear that it will continue to monitor compliance with its May 23, 2025, judgement. The matter is scheduled to come up again on September 22, 2026.
CAPF Act 2026 Under Challenge Before SC
The dispute over IPS deputation has also intensified following Parliament’s passage of the Central Armed Police Force (General Administration) Act, 2026.
The legislation, passed on April 2 and published in the Gazette on April 9, lays down statutory provisions for filling senior posts in the CAPFs through IPS deputation.
Under the law, 50% of the total posts at the level of Inspector General are to be filled by IPS officers on deputation. It further provides for at least 67% of Additional Director General posts and all posts at the levels of Special Director General and Director General to be filled by IPS officers on deputation.
The legislation also removed the earlier 50% ceiling on Deputy Inspector General posts that could be filled by Group A CAPF officers.
Several petitions have challenged the validity of the 2026 law before the Supreme Court. Seven writ petitions concerning the legislation are scheduled to be heard on November 18.
The Court has also sought the Union government’s response in a separate challenge to the Act.
With the legislation itself under judicial scrutiny and the compliance proceedings from the 2025 judgement continuing, the Supreme Court’s latest direction places the government’s post-May 2025 IPS deputations under closer examination.
