CAPF Bill introduced in parliament; allows Centre to override court orders on recruitment through notifications

The Central government has introduced the Central Armed Police Forces (General Administration) Bill, 2026, which seeks to grant the executive sweeping powers to regulate the service conditions of Group A officers.

Introduced by Minister of Home Affairs and Cooperation Amit Shah, the law will apply to the Central Reserve Police Force (CRPF), the Border Security Force (BSF), the Central Industrial Security Force (CISF), the Indo-Tibetan Border Police (ITBP) and the Sashastra Seema Bal (SSB).

It allows the Centre to amend schedules and add more forces through notification.

Pertinently, the Bill contains a "non-obstante" clause in Section 3 that empowers the Central government to make rules regarding recruitment and promotion.

Interestingly, the clause empowers the government to override existing laws and court rulings by notification.

This means that if a court has previously settled an issue on recruitment or service conditions, the government can issue fresh rules that depart from that position. The override flows from the statute itself, but it is exercised through executive rule-making.

Ordinarily, court judgments are overridden through legislation, not executive action. Parliament can enact a new law or amend an existing one to remove the legal basis of a judgment. This is done by curing the defect identified by the court. Once the underlying law is changed, the judgment loses its force prospectively.

However, the executive cannot directly override a judgment through notifications or rules. Subordinate legislation must operate within the parent statute and remain consistent with binding judicial decisions.

The provision in question states:

“Notwithstanding anything contained in any other law for the time being in force, or in— (a) any judgment, decree or order of any court; or (b) 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…and the conditions of service of officers in the Central Armed Police Force.”

The Statement of Objects and Reasons accompanying the Bill notes that in recent years, the absence of an umbrella law has led to regulatory provisions evolving in a fragmented manner, resulting in extensive litigation.

The government argues that this new law is necessary to ensure "legislative clarity" and to harmonise "judicial directions with administrative and federal requirements".

Other features of the bill

The Bill formalises the role of Indian Police Service (IPS) officers in CAPFs. It mandates deputation at senior levels.

• 50% of Inspector General posts must be filled through deputation;

• At least 67% of Additional Director General posts must be filled through deputation;

• All Special Director General and Director General posts will be filled through deputation.

The government claims that this will ensure coordination between the Centre and the States. It also cites operational requirements of the forces.

Rules made under the Act must be placed before parliament. They can be modified or annulled.

The Bill does not repeal the existing laws governing Central Armed Police Forces. The Central Reserve Police Force Act, the Border Security Force Act, the Central Industrial Security Force Act, the Indo-Tibetan Border Police Act and the Sashastra Seema Bal Act will continue to operate.

Instead, the proposed law functions as an umbrella framework. It centralises rule-making on recruitment and service conditions. It also provides that rules framed under it will prevail in case of inconsistency with existing rules or orders.

[Read Bill]