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Centre notifies CAPF Act despite pending petitions in Supreme Court

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The controversial Central Armed Police Forces (CAPF) (General Administration) Act, 2026, which was passed by Parliament in April this year, came into effect from October 8.The notification issued by the Ministry of Home Affairs (MHA) came at a time when the Supreme Court is hearing a bunch of petitions filed by thousands of CAPF officers who have challenged the validity of the CAPF (General Administration) Act, 2026,.The law enables reservation of 50 per cent of IG-ranked posts in paramilitary forces for Indian Police Service (IPS) officers on deputation. Similarly, a minimum of 67 per cent reservation is earmarked in ADG-ranked posts for them, while 100 per cent of SDG and DG-ranked posts are to be filled only by deputation with IPS officers.The CAPF Act also provides for the regulation of recruitment, promotion, deputation and other conditions of service of officers in the Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB).According to the notification issued by the Ministry of Home Affairs (MHA), “In exercise of the powers conferred by sub-section (2) of Section 1 of the CAPF (General Administration) Act, 2026, the Centre hereby appoints October 8, 2026, as the date on which the provisions of the said Act shall come into force.”The Centre recently told the SC through an affidavit that the appointment of Group ‘A’ general duty officers in the respective CAPFs is now regulated by the CAPF (General Administration) Act.It had said that the Act “expressly empowers” the Centre to prescribe the method, manner and mode of recruitment, including by deputation, and the conditions of service of officers in the five CAPFs — CRPF, BSF, CISF, ITBP and SSB.The cadre officers of these forces have submitted petitions in the top court, including a contempt petition, that the Act continues to restrict their career progression in comparison to the IPS officers brought on deputation.They have also asked the apex court to direct the government to implement its May 2025 judgement that said that the deputation of IPS officers up to the rank of inspector general in the CAPFs should be “progressively reduced” over a period of two years to give more opportunities to cadre officers whose delayed promotions can “adversely” impact the morale of these forces.The Act comes against the backdrop of the Supreme Court’s May 2025 judgment on the deputation of IPS officers in the CAPFs. In October last year, the apex court dismissed the Centre’s plea seeking a review of its 2025 verdict.The court had said the number of posts earmarked for deputation in the CAPF cadres up to the SAG level should be progressively reduced over a period of time, with an outer limit of two years, and had directed a cadre review.

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