New Delhi: The Supreme Court on Tuesday issued notice to the Centre on a plea challenging the constitutional validity of the Central Armed Police Forces (General Administration) Act, 2026, on the ground that it violates the doctrine of separation of powers.A bench of Justices Manoj Misra and Vijay Bishnoi was hearing the plea of 34 Central Armed Police Forces' officers who contended that the new law amounts to an overriding of the court's earlier decision which barred the deputation of IPS officers in the CAPFs.The top court tagged the plea with pending matters.Also Read:Supreme Court agrees to examine PIL seeking alternative to Jantar Mantar as protest venueThe plea filed by the officers sought a declaration that the law was unconstitutional on the ground that it violates Articles 14, 16 and 21 of the Constitution.Parliament passed the CAPF (General Administration) Bill on April 2 after the top court dismissed the Centre's plea in October 2025 for a review of its verdict delivered in May that year directing that IPS officers' deputation in the CAPFs, up to the level of Senior Administrative Grade (SAG), should be "progressively reduced" and asked for a cadre review to be carried out in six months.The 34 officers argued in their plea that the new CAPF Act has negated the judgements of last year, without removing the legal basis of those decisions.The plea contended that while the legislature is competent to amend the law retrospectively, it cannot simply nullify judicial pronouncements without curing the defects or altering the underlying legal basis on which the judgement was rendered.In its order dated May 23, 2025, the top court had directed the Centre to conduct a cadre review, which was due in 2021, in all CAPFs, including ITBP, BSF, CRPF, CISF and SSB, within six months.It directed the Department of Personnel and Training to take an appropriate decision within three months of receiving the action taken report from the Ministry of Home Affairs regarding cadre review and review of existing service rules and recruitment rules.The court's directions had come on a batch of pleas seeking non-functional financial upgrade, cadre review and restructuring and amendment of recruitment rules to eliminate Indian Police Service (IPS) officers' deputation."Keeping in mind the twin objectives of service mobility of the cadre officers of CAPFs, ...removing stagnation on the one hand and the operational/functional requirement of the forces on the other hand, we are of the view that the number of posts earmarked for deputation in the cadres of the CAPFs up to the level of senior administrative grade should be progressively reduced over a period of time, say within an outer limit of two years," the top court had said.It had further said this step would bring in a sense of participation of the cadre officers belonging to the CAPFs in the decision-making process within the administrative framework of the CAPFs, thereby removing the long-standing grievances of the cadre officers.The apex court had highlighted that the Centre had taken the view that the presence of IPS officers in each of the CAPFs is vital to maintain the character of each of them as a unique central armed force."This is a policy decision. Of course, individual officers belonging to the IPS or the association of IPS officers cannot have a say as to how much the deputation quota should be and how long the deputation should continue. They are there on deputation by virtue of the policy decision of the central government manifested through the service rules/recruitment rules of the CAPFs."Having said that, we cannot also be oblivious of the grievances expressed by officers of the CAPFs as highlighted above. Their dedicated service upholding the security, integrity and sovereignty of the nation while safeguarding our borders and maintaining internal security within the country cannot be ignored or overlooked," it had said.Noting that CAPFs discharge their duties under very demanding conditions, the court said they have a grievance that because of lateral entry into the higher grades of the respective CAPFs, they are unable to get timely promotion."Consequently, there is a great deal of stagnation. Such stagnation can adversely impact the morale of the forces. This also needs to be factored in while considering review of such policy decisions," it had said.
SC issues notice to Centre on plea challenging validity of CAPF Act
The Supreme Court issued notice to the Centre regarding a plea challenging the CAPF Act. This new law allegedly violates the separation of powers doctrine. Officers contend the act overrides a previous court decision on IPS deputation. Parliament passed the CAPF (General Administration) Bill after the court dismissed a review plea. The plea seeks the law's declaration as unconstitutional for violating constitutional articles.






