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HomeIndiaShah to introduce bill for 'umbrella' law on CAPFs in RS on...

Shah to introduce bill for ‘umbrella’ law on CAPFs in RS on Monday; proposes 50 pc posts for IPS at IG level

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New Delhi, Mar 21 (PTI) Union Home Minister Amit Shah will introduce in the Rajya Sabha on Monday an “umbrella law” for central armed police forces (CAPFs) to regulate recruitment, deputation, promotion and other conditions of services of their officers, according to the List of Business issued by the House.

All the CAPFs — CRPF, BSF, ITBP and SSB — are governed by their respective Acts. The rules under these Acts govern the recruitment and conditions of service of Group A General Duty Officers and other officers and members in the CAPFs.

The Central Armed Police Forces (General Administration) Bill, 2026, provides that for the purposes of appointment of officers from the Indian Police Service in CAPFs, 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 will be filled by deputation in the rank of Additional Director General.

The posts in the ranks of Special Director General and Director General shall be filled by deputation only, it proposes.

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 be reduced and asked for a cadre review to be carried out in six months.

“In view of expanding functional and operational requirements, the distinct organisational structure of these Forces have evolved over a period of time. In recent years, due to the absence of an umbrella law, regulatory provisions have evolved in a fragmented manner, resulting in several litigations on service-related matters, leading to some functional and administrative difficulties,” the objectives of the bill state.

The bill seeks to regulate the recruitment, deputation, promotion and other conditions of services of Group A General Duty Officers and other officers appointed in these Central Armed Police Forces, the Objectives of the bill circulated among Rajya Sabha members said.

A group of retired CAPF officers have gone to the Supreme Court with a contempt plea against Home Secretary Govind Mohan for not implementing the Supreme Court’s October order in this regard.

“The proposed CAPF Regulation Bill, 2026, assumes considerable importance. Any legislative intervention affecting the command structure, service conditions and leadership opportunities within CAPFs inevitably carries implications not only for institutional morale but also for the operational effectiveness of forces responsible for protecting India’s internal stability and border security,” the group said in a press statement on Friday.

The proposed law states that under Article 312 of the Constitution, the Indian Police Service is an All India Service and the officers of the Service are posted in the Union and the States.

“Historically, Indian Police Service officers are an integral and important part of the Central Armed Police Forces, who have been serving on deputation along with officers and members of these Forces,” the Objectives of the Bill state.

The CAPFs perform functions relating to national security and anti-insurgency in close coordination with the State authorities, it said.

“Therefore, in the interest of maintaining Centre-State relations by ensuring close coordination between the Union and the States for effective operational functioning, it is essential to maintain the existing system of deputation of the Indian Police Service Officers in the Central Armed Police Forces,” the document said.

The listed objectives of the proposed law said that the CAPFs are governed by the respective Acts of Parliament.

It said that, considering the nature and purposes of the CAPFs and to avoid unnecessary litigations, there is a need to lay down an umbrella law to regulate the recruitment, deputation, promotion and other conditions of services of Group A General Duty Officers and other officers appointed in these Central Armed Police Forces and other rules regarding these Forces.

This is needed to ensure legislative clarity, preserving their distinct operational and functional requirements and harmonising judicial directions with administrative and federal requirements.

According to the proposed law, “Notwithstanding anything contained in any other law for the time being in force, or in any judgment, decree or order of any court; or any order issued from time to time, the central government may, by notification, make rules to provide for the method, manner and mode of recruitment including promotion and deputation and the conditions of service of officers in the Central Armed Police Force.” A bench of Justices Surya Kant and Ujjal Bhuyan had in October rejected the Centre’s plea seeking the review of the May 23, 2025, verdict of the apex court.

In the May 23, 2025, order, the court directed the Centre to conduct a cadre review, which was due in 2021, in all the CAPFs, including the ITBP, BSF, CRPF, CISF and SSB, within six months.

A bench of Justices Abhay S Oka (since retired) and Ujjal Bhuyan directed the Department of Personnel and Training (DoPT) to take an appropriate decision within three months of receiving the action-taken report from the Ministry of Home Affairs regarding the cadre review and a review of the existing service rules or recruitment rules.

“Keeping in mind the twin objectives of service mobility of the cadre officers of CAPF … 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 (SAG) should be progressively reduced over a period of time, say within an outer limit of two years,” the top court had said.

It had 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 forces’ administrative framework, thereby removing their long-standing grievances.

The court had lauded the role of the CAPFs and said they are crucial for maintaining security at the country’s borders as well as for discharging internal-security duties.

The court had highlighted that the Centre has taken the view that the presence of Indian Police Service officers in each of the CAPFs is vital for the maintenance of their character 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 grievance expressed by officers of the CAPFs as highlighted supra,” it had said.

The court had said they have a grievance that, because of lateral entry into the higher grades of the respective forces, 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. PTI ABS RT

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

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