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HomeIndiaCAPF Bill an assault on SC verdict, will demoralise paramilitary forces: Oppn...

CAPF Bill an assault on SC verdict, will demoralise paramilitary forces: Oppn in Rajya Sabha

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New Delhi, Mar 25 (PTI) Opposition parties in the Rajya Sabha on Wednesday decried the CAPF Bill, saying it was an assault on the landmark judgement of the Supreme Court and not an administrative reform, and accused the government of throttling the future and promotional avenues of central armed police forces personnel.

The government on Wednesday brought the Central Armed Police Forces (General Administration) Bill, 2026, in the Upper Houses, brushing aside opposition notices against its introduction through a voice vote.

The bill seeks to create a unified legal framework governing personnel across different CAPF forces, replacing the current patchwork of separate service rule regimes for the five Central Armed Police Forces. However, opposition parties have raised concerns about provisions related to the appointment of IPS officers in the CAPFs.

Participating in the debate on the Bill, Congress leader Ajay Maken said, “This bill is not an administrative reform but an assault on the historic judgment of the Supreme Court.” The proposed legislation comes after the Supreme Court, in October last year, dismissed the Centre’s plea seeking a review of its 2025 verdict that directed that IPS officers’ deputation in the CAPFs up to the level of Senior Administrative Grade should be “progressively reduced” and asked for a cadre review to be carried out in six months.

The Congress leader accused the government of throttling the future and promotions of the jawan who protects the nation on the border and in Naxal-hit areas.

Maken said that democracy in India is alive due to paramilitary (CAPF) forces, as they are deployed during elections.

“The level of stagnation is to the extent that in CISF it takes 30 years to become an ADG, 20 years to become a DIG, 15 years to become a Senior Commandant, whereas an IPS officer becomes an SP and DIG in seven years,” he said.

On the appointment of officers from the Indian Police Service in CAPFs, the Bill says that 50 per cent of the posts will be filled by deputation in the rank of inspector general and a minimum of 67 per cent of the posts by deputation in the rank of additional director general. Posts in the ranks of special director general and director general shall be filled by deputation only, it says.

Maken observed that 529 personnel belonging to paramilitary forces have laid down their lives in the last five years. “Today we are stopping their promotion and encouraging their stagnation; it is shameful,” the Congress leader said.

Citing various orders passed by the Supreme Court and high courts, Maken said that on multiple occasions, the courts have said these personnel do not get justice.

When the Supreme Court has said that the CAPF personnel should not be kept on one post for so long in violation of Article 14 and Article 16, why is the government trying to change it through legislation, he said.

“Between 2021 and 2025, 749 jawans from our paramilitary forces have committed suicides, 46,000 personnel have taken voluntary retirement, 9,532 have resigned. These are young people who felt they don’t have growth avenues. How are we motivating them?” Maken said.

The Congress leader said it is unfortunate that during the debate on such an important legislation, the Home Minister is not present in the House.

“The Bill should have gone to the Standing Committee; we criticise this,” he said.

“The worst part of this Bill is Clause 3, which says that notwithstanding anything contained in any other law, for the time being enforced, or in any judgement, decree or order of any court, this Bill shall be implemented,” he said, adding that it negates the Supreme Court judgement.

“History will bear witness to the fact that when the guardians of the borders were demanding justice, this government was snatching their rights via constitutional deception. We cannot allow the morale of our jawans to be sacrificed to the bureaucracy and therefore we completely oppose this unjust legislation,” Makan said, demanding that the Bill should be taken back.

Countering him, Mahendra Bhatt of the BJP said this Bill will simplify administrative procedures and improve transparency. The Bill emphasises on improvement in human resource management, which will uplift the morale of the CAPF personnel.

Bhatt argued that the Bill will harmonise the legal architecture for the personnel across five central armed police forces — CRPF, CISF, BSF, ITBP and SSB. The BJP member said IPS officials have deep knowledge of policing and it will also lead to improved intelligence sharing.

He suggested that better coordination should be established with states for further strengthening internal homeland security.

Golla Baburao of the YSRCP said the Bill is not just an administrative reform, it is a structural intervention that seeks to redefine the functioning, status and future of the central armed police forces. He, however, urged the government to consider the demand for sending the Bill for examination by the Standing Committee concerned.

For the first time since Independence, this single comprehensive legislation codifies and unifies the administrative framework governing all five major CAPFs, replacing separate rules, excessive instructions and ad-hoc practices with clear, transparent statutory provisions, he said.

He termed it a genuine and necessary reform.”Some associations of former CAPF personnel have specifically requested that the Bill be sent to the Parliamentary Standing Committee on Home Affairs for wider consultation and that CAPF cadre officers be included in giving suggestions on the Bill.

“A legislation of this magnitude, one that affects the career and dignity of 10 lakh personnel, deserves the most thorough Parliamentary scrutiny. We urge the government to look into this request. A stronger consultation process will produce a stronger law,” Baburao said.

He recommended the creation of a formal statutory advisory body comprising senior CAPF cadre officers to contribute to policy formulation. He also highlighted the “crisis within the CAPF”, referring to the instances of suicides, and called for mandatory psychological screening for all personnel and other measures to improve their mental health.

The YSRCP MP further called for minimum guaranteed leave to be codified within the Bill and the removal of stigma surrounding mental health.

The Supreme Court had in October rejected the Centre’s plea for review of the May 23, 2025, verdict by a bench of Justices Abhay S Oka (since retired) and Ujjal Bhuyan.

In the May order, the court directed the Centre to conduct a cadre review, which was due in 2021, in all the CAPFs within six months. It also directed the Department of Personnel and Training (DoPT) to take an appropriate decision within three months of receiving the action-taken report from the home ministry regarding the cadre review and a review of the existing service rules or recruitment rules.

Earlier, speaking on their notices, DMK’s Tiruchi Siva said the bill was designed to nullify Supreme Court rulings that had curtailed IPS deputation in paramilitary forces.

“Every time the Supreme Court gives a judgment, Parliament overrides it. The separation of powers becomes a big question,” he said.

CPI-M’s John Brittas echoed this, arguing the bill suffered from a “fundamental infirmity of legislative competence.” Derek O’Brien of the Trinamool Congress called the bill “anti-federal”. PTI RSN RT RT

This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

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