Normal view

  • ✇National Herald
  • CAPF Act upturns SC ruling before deployment in West Bengal Sanjiv Krishan Sood
    The Union government has once again gone against the ruling of the Supreme Court to ram through Parliament the CAPF Act 2026. The Act was notified on 9 April, observed as Shaurya Diwas by the CRPF (Central Reserve Police Force) in the memory of personnel who lost their lives in the 1965 conflict with Pakistan. The Supreme Court had directed a gradual reduction of IPS officers on deputation to CAPFs (Central Armed Police Forces). The ruling came after 14 years of litigation, during which the gove
     

CAPF Act upturns SC ruling before deployment in West Bengal

1 May 2026 at 07:11

The Union government has once again gone against the ruling of the Supreme Court to ram through Parliament the CAPF Act 2026. The Act was notified on 9 April, observed as Shaurya Diwas by the CRPF (Central Reserve Police Force) in the memory of personnel who lost their lives in the 1965 conflict with Pakistan.

The Supreme Court had directed a gradual reduction of IPS officers on deputation to CAPFs (Central Armed Police Forces). The ruling came after 14 years of litigation, during which the government’s arguments failed to move either the high court or the Supreme Court. The new Act upturns the apex court’s ruling and ensures permanence to the deputation of IPS officers at higher supervisory levels in the CAPFs.

The CAPFs include the Assam Rifles, Border Security Force (BSF), National Security Guard (NSG), Indo-Tibetan Border Police (ITBP), CRPF, CISF (Central Industrial Security Force) and Sashastra Seema Bal (SSB).    

An order (monograph) by the Ministry of Home Affairs in 1984 accorded officers of CAPF the status of “Organised Group ‘A’ Service (OGAS)” along with 57 other Central government services. Under OGAS, all posts from entry level to Joint secretary (IG in case of CAPF) were to be filled by promotion.

Over the years, however, virtually permanent reservation of posts for IPS officers at various levels deprived the cadre officers of their right and opportunity to be considered for leadership posts. This led to acute stagnation, with the result that an officer joining as assistant commandant would get his first promotion to the next higher rank after 15 years of service in CRPF, almost 14 years in the case of BSF.

In 2009, the government sought to address such stagnation and decided to grant ‘Non-Functional Financial Upgradation’ (NFFU) to the personnel of several OGAS services, but not to the CAPFs. Faced with the double jeopardy of stagnation and financial loss, CAPF officers approached courts after government declined to grant them parity.

The ruling by the Supreme Court in 2025 and subsequent dismissal of the review petition of the government was the culmination of a 14-year legal battle in which Delhi High Court in 2015 and SC in 2019 ruled in favour of CAPF officers, yet the government either kept appealing against orders or implemented them only partially.

The new Act overturning the SC’s order neither addresses the core issue of stagnation amongst CAPF officers nor mitigates the double jeopardy of financial loss due to acute stagnation at all levels.

The courts had rejected the arguments by the government and the IPS Association that IPS being an All-India Service (AIS), its officers were essential to be deputed to the CAPFs and that this advanced the cause of Centre-state relations.

Courts also rejected argument that IPS personnel in CAPFs would ensure better coordination or intelligence because the role of CAPFs was to assist the police in internal security. Typically, the Act was enacted without any scientific study or consultations with stakeholders.

Professional forces require stable, homegrown leaders well versed in the professional requirements of the organisation, not perpetual dependence on external command structures. Reform should strengthen institutional ownership within CAPFs while ensuring administrative balance. The Act fails to meet this important criterion. Importantly, professional forces across the world tend to evolve towards leadership that emerges from within their own operational ecosystem. That is not exceptionalism, it is institutional maturity.

The new Act is bound to result in yet another cycle of litigation even as it demoralises the officers who had joined the CAPFs directly and result in lack of cohesion and coordination. The question that needs to be asked is, why the government is so determined to push IPS officers on deputation for short periods. Does it enhance performance or productivity? Is it really administrative reform of some kind or is there more to it than meets the eye? 

****

The Act has undone what the Supreme Court did — direct the government to implement its own policy of granting all benefits of OGAS to the CAPF cadres — a status granted to all other 57 services of the government of India. The statement of objectives justifying the retention of IPS in CAPF on grounds such as the IPS being an AIS or IPS deputation being necessary for reasons of coordination with states and for coordination of intelligence were found to be superfluous arguments by courts at all stages.

Why are IPS officers so keen on deputation to CAPFs? These are large forces with large, independent sources. Senior IPS officers in states, it is said, often feel powerless and seek greener pastures. It also provides an escape from potentially inconvenient or hostile political dispensations in states. A third attraction is that they can hope for postings in either major metro cities or in their home states.

In several CAPFs, postings reserved for IPS officers in remote areas typically remain vacant. Some of them may even be escaping from poor performance or questionable conduct, making them susceptible to pressure. It possibly suits the government to have such officers lead CAPFs on election duty, for example, in West Bengal. 

Officers belonging to the Indian Police Service are experts in crime detection, investigation and law and order duties — roles structurally and operationally distinct from the task of guarding the border and counter-insurgency. The decision to place them for short periods at higher positions have arguably led to underwhelming operational orders and stagnation of both personnel at all levels and infrastructure development.

A large number of court cases and high number of voluntary retirements have been the result. The removal of the ranks of lance naik and naiks in CAPFs has resulted in a constable taking as long as 22 years for his first promotion.

Another example is the addition of a seventh company in a battalion without proportionate enhancement of support staff, resulting in increase of operational area and administrative burden on a unit commandant.

The new Act raises constitutional concerns and is a fit case for judicial scrutiny. Parliament can of course legislate within constitutional limitations, but is Parliament free to bypass binding judicial pronouncements without first curing underlying legal defects? As in the case of the appointment of election commissioners, this Act restructures administrative control in a manner that effectively neutralises the impact of a Supreme Court order, amounting to questionable legislative overreach.

The invocation of “national security” as a justification for sweeping changes does not make the law immune from judicial review. Apart from this, the Act appears to defy judicial authority, upsetting the balance between different institutions and principles of separation of powers, judicial review, and rule of law. It prioritises administrative convenience over constitutional discipline and seeks to achieve indirectly through legislation what has been argued in courts and turned down as violative of constitutional principles.

It also does a disservice to the 13,000-strong CAPF cadre which has the experience and training to take over the reins of these specialised forces. Section 3 of the Act centralises authority and disproportionately favours IPS officers on deputation without any rational link to the stated objectives of efficiency and national security. Hopes of CAPF cadres about resolution of their grievances have been put paid to by the enactment of this Act as they face an uncertain future and another long legal battle.

Views are personal

The writer retired as additional director general of the Border Security Force, and is a security analyst associated with several thinktanks 

  • ✇National Herald
  • Congress targets Amit Shah over Ladakh visit, flags silence on statehood NH Political Bureau
    The Indian National Congress (INC) on Friday sharpened its attack on Union Home minister Amit Shah during his visit to Ladakh, accusing him of sidestepping key local demands even as he participates in a high-profile exposition of sacred Buddhist relics.Congress general secretary (communications) Jairam Ramesh took to X to criticise the minister, saying, “The Home minister is in Ladakh today basking in the glory of the Piprahwa relics, while remaining silent on the demands of the people there for
     

Congress targets Amit Shah over Ladakh visit, flags silence on statehood

1 May 2026 at 06:38

The Indian National Congress (INC) on Friday sharpened its attack on Union Home minister Amit Shah during his visit to Ladakh, accusing him of sidestepping key local demands even as he participates in a high-profile exposition of sacred Buddhist relics.

Congress general secretary (communications) Jairam Ramesh took to X to criticise the minister, saying, “The Home minister is in Ladakh today basking in the glory of the Piprahwa relics, while remaining silent on the demands of the people there for statehood, Sixth Schedule status, and protection of land and employment.”

Ramesh also invoked history to underline his point, recalling that India’s first prime minister Jawaharlal Nehru had engaged more directly with Ladakh’s aspirations during his visit in July 1949. He noted that sacred relics of the Buddha’s chief disciples — Sariputta and Maha Moggallana — were repatriated from London and handed over to the Mahabodhi Society of India in Kolkata in January 1949.

The HM is in Ladakh today basking in the glory of the Piprahwa relics, while remaining silent on the demands of the people there for statehood, Sixth Schedule status, and protection of land and employment.

He will be unaware of previous such displays in Ladakh.

On Jan 14 1949,… pic.twitter.com/ECI91KDmbC

— Jairam Ramesh (@Jairam_Ramesh) May 1, 2026

According to Ramesh, during Nehru’s subsequent visit to Ladakh, Buddhist leader Kushok Bakula Rinpoche requested that the relics be brought to the region. “A year later in May 1950 this materialised, and the relics were taken around Ladakh for 79 days,” he said, adding that they were later enshrined in Yangon, Colombo and Sanchi.

The Congress has been consistently pressing the Centre to clarify its position on Ladakh’s long-standing demands, including full statehood, safeguards under the Sixth Schedule of the Constitution, and legal protections for land and jobs.

Shah, who arrived in Ladakh on Thursday, is attending the first-ever international exposition of holy relics of Lord Buddha in India. However, the opposition’s criticism underscores the widening political debate over governance and representation in the Union Territory.

The exchange highlights a broader tension between symbolic outreach and substantive policy commitments, as Ladakh’s residents continue to push for constitutional and administrative safeguards.

With PTI inputs

  • ✇National Herald
  • Stalin says DMK cadres will see results of hard work on 4 May NH Political Bureau
    Tamil Nadu chief minister M.K. Stalin on Friday expressed strong confidence in his party’s performance in the recent assembly elections, asserting that the efforts of party workers would bear fruit when votes are counted on 4 May.Addressing a May Day event, the Dravida Munnetra Kazhagam (DMK) leader said the outcome of the polls, held on 23 April, would reflect the extensive groundwork carried out by party cadres.“We are set to reap the rewards of the hard work put in by our party cadres on the
     

Stalin says DMK cadres will see results of hard work on 4 May

1 May 2026 at 06:13

Tamil Nadu chief minister M.K. Stalin on Friday expressed strong confidence in his party’s performance in the recent assembly elections, asserting that the efforts of party workers would bear fruit when votes are counted on 4 May.

Addressing a May Day event, the Dravida Munnetra Kazhagam (DMK) leader said the outcome of the polls, held on 23 April, would reflect the extensive groundwork carried out by party cadres.

“We are set to reap the rewards of the hard work put in by our party cadres on the coming fourth,” he said, adding that there was “no deviation whatsoever” from this expectation.

Stalin emphasised that his confidence was not based on exit poll projections but on the party’s organisational strength and campaign efforts. He also hinted that the results would bring “good news” for supporters awaiting the outcome.

Reaffirming his party’s ideological foundations, Stalin said the DMK’s governance model was rooted in principles and would continue to follow the same path.

During his address, he also reflected on the historical significance of May Day in the state. He credited former chief minister C.N. Annadurai with first declaring 1 May a public holiday in Tamil Nadu. He further highlighted the role of late DMK patriarch M Karunanidhi in advocating for its recognition at the national level.

According to Stalin, it was at Karunanidhi’s request that then prime minister V.P. Singh extended May Day as a paid public holiday across the country.

The counting of votes on 4 May is expected to determine the political direction of the state, with major parties closely watching the outcome.

With PTI inputs

  • ✇National Herald
  • Sensex, Nifty end week lower as global tensions and oil surge weigh on markets NH Business Bureau
    Indian equity markets closed the week on a weaker note, with benchmark indices slipping amid sustained foreign investor selling and a sharp rise in global crude oil prices.The Nifty 50 declined by 0.73 per cent over the week and fell 0.74 per cent on the final trading session to settle at 23,997. Meanwhile, the BSE Sensex dropped 582 points on the day, ending at 76,913, marking a weekly loss of 0.97 per cent.Market sentiment remained cautious as geopolitical tensions, particularly disruptions in
     

Sensex, Nifty end week lower as global tensions and oil surge weigh on markets

1 May 2026 at 05:24

Indian equity markets closed the week on a weaker note, with benchmark indices slipping amid sustained foreign investor selling and a sharp rise in global crude oil prices.

The Nifty 50 declined by 0.73 per cent over the week and fell 0.74 per cent on the final trading session to settle at 23,997. Meanwhile, the BSE Sensex dropped 582 points on the day, ending at 76,913, marking a weekly loss of 0.97 per cent.

Market sentiment remained cautious as geopolitical tensions, particularly disruptions in the Strait of Hormuz, continued to unsettle global markets. The situation has contributed to elevated crude oil prices, which climbed to around $126 per barrel — their highest level in four years — raising concerns over inflation and potential fuel price increases.

The surge in oil prices has also put pressure on the Indian rupee and heightened fears of capital outflows, given India’s dependence on energy imports.

Sectorally, most indices ended in negative territory. Metal, public sector banking, realty and FMCG stocks were among the worst performers. However, information technology and pharmaceutical shares showed relative resilience, providing some support to the market.

Broader markets presented a mixed picture. While the Nifty Midcap100 index edged down by 0.28 per cent, the Nifty Smallcap100 index managed to gain 1.62 per cent during the week, indicating selective buying interest beyond large-cap stocks.

Despite the overall weakness, early corporate earnings for the fourth quarter of FY26 offered some optimism. Investors appeared to favour defensive and consumption-driven sectors such as healthcare, telecom and energy, which outperformed amid the volatility.

Analysts noted that persistent geopolitical risks and inflationary pressures could keep the US Federal Reserve inclined towards a tighter monetary stance through 2026, adding to uncertainty around interest rates globally.

Looking ahead, the Nifty 50 is expected to trade within a narrow range of 23,500 to 24,500 in the near term. The banking index underperformed the broader market, with the Bank Nifty ending the week at 54,863, down 2.56 per cent.

Experts anticipate continued consolidation in banking stocks, with the index likely to move within a broad band of 54,000 to 57,500, driven largely by stock-specific action during the ongoing earnings season.

With IANS inputs

  • ✇National Herald
  • Oil shock and war tensions mount as Strait of Hormuz standoff deepens NH Digital
    A gathering storm grips global energy markets as the United States advances plans for an international coalition to reopen the strategic lifeline of the Strait of Hormuz, even as war, diplomacy, and economic uncertainty converge across a volatile West Asian theatre.Two months into a conflict ignited by US-Israeli strikes on Iran, the narrow maritime artery — through which nearly a fifth of the world’s oil and gas flows — remains shuttered. Tehran’s blockade, imposed in retaliation for a US naval
     

Oil shock and war tensions mount as Strait of Hormuz standoff deepens

1 May 2026 at 05:16

A gathering storm grips global energy markets as the United States advances plans for an international coalition to reopen the strategic lifeline of the Strait of Hormuz, even as war, diplomacy, and economic uncertainty converge across a volatile West Asian theatre.

Two months into a conflict ignited by US-Israeli strikes on Iran, the narrow maritime artery — through which nearly a fifth of the world’s oil and gas flows — remains shuttered. Tehran’s blockade, imposed in retaliation for a US naval squeeze on its own exports, has sent shockwaves through global markets, fuelling fears of prolonged supply disruptions and a looming economic slowdown.

At the centre of the unfolding drama is US President Donald Trump, who is set to review fresh military options, including a possible new wave of strikes intended to pressure Iran into concessions on its nuclear programme. Reports suggest parallel contingency plans may even involve seizing parts of the strait to restore commercial navigation — an audacious move that could risk further escalation.

The rising tensions have already found a stark reflection in global oil prices. Brent crude surged past $126 a barrel, its highest level since the early days of the Russian invasion of Ukraine, and has more than doubled since the conflict erupted on 28 February. The surge has intensified inflationary pressures worldwide, pushing fuel costs into politically sensitive territory.

Even as a fragile ceasefire — brokered on 8 April — nominally holds, the diplomatic path forward appears fraught. Iran has proposed deferring discussions on its nuclear ambitions until hostilities formally end and maritime routes are restored. Washington, however, insists the nuclear issue must be addressed upfront, leaving negotiations at an impasse.

In a bid to chart a post-conflict order, the US has quietly invited partner nations to join a proposed maritime coalition — dubbed the Maritime Freedom Construct — designed to safeguard navigation in the strait. While countries such as France and United Kingdom have engaged in preliminary talks, they remain wary of direct involvement until active hostilities cease.

Amid this high-stakes standoff, Pakistan has emerged as a cautious intermediary, facilitating backchannel exchanges in an effort to prevent further escalation. Iranian officials, however, have sought time to respond to US “observations” on their proposal, signalling the delicate and uncertain nature of the dialogue.

On the ground, the toll of the conflict continues to mount. The war has already cost the US an estimated $25 billion, while Iran’s economy reels under pressure — its currency plunging to record lows and inflation soaring beyond 65 per cent. Human rights concerns have also deepened, with reports of mass arrests and executions tied to national security charges.

Tehran has warned of “unprecedented military action” should the US persist with its blockade, while senior Iranian leaders accuse Washington of attempting to fracture national unity and force capitulation through economic strangulation.

As military calculations, economic stakes, and diplomatic manoeuvres intertwine, the Strait of Hormuz has become more than a chokepoint — it is now the fulcrum upon which the fate of regional stability and global energy security precariously rests.

With agency inputs

❌