Supreme Court Demands Home Secretary Affidavit on IPS Deputations in CAPFs

The Supreme Court has directed Union Home Secretary Govind Mohan to submit a formal affidavit within two weeks explaining the continued deputation of Indian Police Service officers to Central Armed Police Forces. The directive, outlined in an order uploaded on Saturday, September 5, 2026, requires the Ministry of Home Affairs to detail the exact procedural steps followed for these appointments, including whether borrowing departments made formal requisitions.

This judicial oversight stems from ongoing contempt proceedings initiated by former CAPF officers over the non-implementation of a landmark May 23, 2025, Supreme Court judgment. That ruling had mandated the progressive reduction of IPS deputation posts up to the Senior Administrative Grade level within a two-year upper limit, aiming to alleviate career stagnation among direct-recruitment cadre officers.

While hearing the contempt petition on September 2, 2026, a Bench comprising Justice Ujjal Bhuyan and Justice Atul S. Chandurkar addressed the persistent friction surrounding leadership positions in paramilitary forces. During the proceedings, Justice Ujjal Bhuyan orally observed that there was a “strong lobby” and the cadre officers of CAPFs were completely stifled.

The bench noted that despite the explicit directives laid down in the 2025 verdict, the government had proceeded to bring in dozens of police service officers. The court's latest order mandates the Home Secretary to clarify the reasons for making such appointments notwithstanding the judgment of this court directing that the number of posts earmarked for deputation in the cadres of the CAPFs up to the level of SAG should be progressively reduced over a period of time, say within an upper limit of two years.

According to data submitted in an affidavit by the Union Home Secretary, a total of 46 IPS officers have been brought on deputation to the five major CAPFs up to the Senior Administrative Grade level following the court’s May 2025 ruling. These deployments span across all primary paramilitary branches operating under the Union Ministry of Home Affairs.

The Border Security Force received the highest share with 13 IPS officers, followed closely by the Central Industrial Security Force with 11 appointments. The Central Reserve Police Force inducted nine officers, the Sashastra Seema Bal accounted for seven, and the Indo-Tibetan Border Police received six officers during this period.

The executive-judicial confrontation deepened earlier in the year when Parliament passed the Central Armed Police Forces (General Administration) Act, 2026, which received gazette notification on April 9, 2026. Legal experts and petitioners view this legislation as a direct legislative counter to the Supreme Court's 2025 directives regarding officer cadre structures.

The newly enacted statute formalizes significant structural allocations for deputationists. Under the legislation, 50% of total posts in the rank of Inspector General, at least 67% in the rank of Additional Director General, and all posts in the ranks of Special Director General and Director General are designated to be filled by IPS officers on deputation.

The unfolding administrative conflict is set for a major judicial reckoning later this year. Alongside the ongoing oversight of the 2025 judgment and the impending Home Secretary affidavit, the Supreme Court has scheduled a batch of seven writ petitions challenging the validity of the CAPF (General Administration) Act, 2026, for a comprehensive hearing on November 18, 2026.

These petitions represent a direct challenge to the statutory framework that dismantled the previous 50% cap on DIG posts reserved for Group A CAPF officers. The outcome of these legal battles will determine whether internal paramilitary cadre officers achieve accelerated career progression or if deputation patterns from the all-India civil services remain legally entrenched.