New Delhi, Sep 22 The Centre informed the Supreme Court that it has made a considered policy decision that the presence of Indian Police Service (IPS) officers in CAPFs is necessary for their effective functioning and for maintaining their distinct character, officials said on Tuesday.
The assertion was made by Union Home Secretary Govind Mohan in an affidavit filed in response to the apex court's direction issued to him on September 2 to explain the reasons for bringing IPS officers on deputation to the five Central Armed Police Forces despite its May 2025 order to progressively reduce these postings, the officials said.
The Ministry of Home Affairs (MHA) had earlier told the top court that a total of 46 IPS officers were brought on deputation to these forces since the court's judgement last year.
The SC's direction came while hearing a contempt petition filed by a number of CAPF cadre officers claiming the CAPF (General Administration) Act 2026 will continue to restrict their career progression because the MHA was not implementing the SC's 2025 judgement, which they said favoured them.
The affidavit said that in view of the "intrinsic" requirement of national and internal security and also to serve and strengthen the federal structure of India, the deputation of IPS and Army officers to the CAPFs plays an "important" role in the overall security architecture of the country.
"They are the main coordinating Service between the Central government and the state governments while carrying out day to day policing functions, law and order duties as well as for strategising the fight against insurgency, militancy, terrorism, border protection in various parts of the country, both in the State Police Forces as well as Armed Police Forces," it said.
The affidavit further said that the appointment of Group 'A' General Duty Officers in the respective CAPFs is now also regulated by the recently enacted CAPF (General Administration) Act, 2026.
Stating that the top court's order of May 2025 specifically recognised the crucial role CAPFs play in maintaining border security, including the need for coordination with state police forces, the affidavit said the Central government has therefore taken "a considered policy decision" that the presence of IPS officers in the CAPFs is necessary for their effective functioning and maintaining their distinct character.
The ministry argued that the apex court, through its May 2025 judgement, directed "progressive reduction" in deputation posts and this "does not amount to a prohibition against the appointment of IPS officers on deputation".
"The continued appointment of IPS officers on deputation, therefore, operates within the framework of the applicable statutory rules and the policy governing such deputation," it said.
The government also told the court that the IPS deputations were made "in conformity with the applicable statutory and regulatory framework governing such appointments" and were based on requisitions received from various CAPFs through their respective directors general.
It added that new CAPF (General Administration) Act "expressly empowers" the government 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.
Sending IPS officers on deputation to these forces was a policy decision that was "founded upon" the functional and operational requirements of these forces and the nature and exigencies of the duties performed by them, the affidavit said.
Such an arrangement, it said, was not only contemplated in the statutory enactments of each of these CAPFs but also forms part of the "broader constitutional and statutory framework" that governs the IPS under Article 312 of the Constitution read with the All India Services Act, 1951 and the IPS Cadre Rules, 1954.
The government said it has already filed an application seeking more time to effectively implement and comply with the top court's judgement in "letter and spirit" and that it has "extended" the benefit of Non-Functional Financial Upgradation to meet issues of stagnation and balance the career aspirations of CAPF officers.
It added a cadre review exercise for CAPFs was currently underway.
"There has been no intention at all to disobey the orders of this Hon'ble Court, much less conscious deliberate and wilful disobedience...," the affidavit said.
The apex court is expected to hold a hearing in the case on September 29, the officials said.
