Supreme Court flags CAPF cadre review breach, sets November 30 deadline

The Supreme Court directed the Centre to submit its CAPF cadre review proposal by November 30. The order intensifies scrutiny of delayed reviews and IPS deputations across five forces.

The Supreme Court on Wednesday said the Centre had violated its earlier direction to conduct a cadre review of the Central Armed Police Forces (CAPFs) and asked the review committee to submit its proposal for approval by November 30, news agency Press Trust of India reported.

The court also directed the Centre to provide data on the deputation of Indian Police Service (IPS) officers in five CAPFs up to the Senior Administrative Grade (SAG), equivalent to the rank of inspector general. The five forces are the Border Security Force, Central Reserve Police Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sashastra Seema Bal.

A bench of Justices Manoj Mishra and Ujjal Bhuyan recorded in its order: "At the outset, ASG (Additional Solicitor General) Aishwarya Bhati submitted that the Cadre Review Proposals have been presented by CAPFs and the Cadre Review Committee is examining them. She has assured that by November 30, the Cadre Review Committee shall submit a proposal for approval."

The bench posted the matter for further hearing on December 9 and directed Bhati to file an affidavit with details of deputations up to the SAG level in each CAPF as on May 23, 2025, and the current position. It also sought details of the proposal prepared by the Cadre Review Committee for approval.

CAPF officials have alleged that the Centre failed to comply with the direction to conduct cadre reviews in all the forces. The reviews had been due since 2021 and were required to be completed within six months under the court's May 23, 2025, order.

The court was hearing petitions challenging the new CAPF Act, along with a contempt plea filed by CAPF officials over the alleged failure to comply with its May 2025 direction.

After examining the original files relating to the cadre reviews, the bench said: "We see that they are in violation of the direction for cadre review and we will ask them to give an undertaking and give them a specified timeframe for compliance."

Senior advocate Guru Krishnakumar, appearing for the contempt petitioners, said the court's May 23, 2025, direction required a gradual reduction in the deputation of IPS officers. He alleged that the government had increased such deputations instead.

Bhati said the rules framed under the Act allowed the deputation of IPS officers. Of the 13,491 Group A posts in the five CAPFs, the sanctioned strength for IPS deputation was 213, while IPS officers currently occupied only 129 posts, she said, according to PTI.

After reviewing the directions in its 2025 judgment, the bench said it had not asked the government to reduce IPS deputations to zero. The direction was to gradually reduce such postings in the CAPFs.

"At present, we don't have a clear figure on what the percentage of deputation was on the date of judgment. We have details of how much is the deputation as of today," Justice Mishra said. "We want to see whether the judgment was followed in letter and spirit or on paper and for that we need to know the percentage of deputation of IPS officers as on May 23, 2025."

The bench asked the Centre to file an affidavit providing an overall picture of IPS deputations in all five CAPFs as on May 23, 2025, and at present.

On October 15, the Supreme Court had asked the Ministry of Home Affairs to produce the original files concerning the CAPF cadre review proposals. It sought to determine whether the proposals had been sent after the six-month deadline set by the court in 2025.

The court had noted that the enactment of the new CAPF Act had no bearing on the cadre review of the five forces. It directed the ministry to produce files detailing the action taken on the court's order and on the cadre review proposals.

The Centre had told the bench that there was "nothing to hide" and that the government had acted in good faith to comply with the directions issued in May 2025. It had agreed to produce the original files.

The court had also declined to issue an interim order restricting IPS deputations in the CAPFs. It said issuing directions without data could create an administrative vacuum.

The Central Armed Police Forces (General Administration) Act, 2026, came into force on October 8. It provides a common framework for the recruitment and service conditions of Group A general duty officers and other officers in the CAPFs.

Contempt proceedings were initiated against Union Home Secretary Govind Mohan over the alleged failure to comply with the Supreme Court's May 23, 2025, judgment in the Sanjay Prakash and Others versus Union of India and Others case.

The court had earlier sought an explanation from the home ministry regarding the deputation of 46 IPS officers to the five CAPFs despite its direction to progressively reduce deputation posts up to the SAG level. On September 2, it directed the home secretary to explain the procedure followed for these deputations and why they were made after the 2025 judgment.

The CAPF (General Administration) Act, 2026, provides for 50 per cent of inspector general posts and at least 67 per cent of additional director general posts to be filled through IPS deputation. It also provides for the posts of special director general and director general to be filled through deputation.

The Centre must now submit the cadre review proposal by November 30 and place detailed IPS deputation figures before the Supreme Court, which will hear the matter again on December 9.