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Polity & Governance, Defence & Security
Mahesh

28/01/24 07:06 AM IST

Debate over BSF power

In News
  • The Government of India increased the jurisdiction of the Border Security Force (BSF) — which chiefly focus on preventing trans-border crimes — from 15 kilometres up to 50 kilometres inside the international borders in the States of Punjab, West Bengal and Assam.
Power of Central govt.
  • A three-judge Bench headed by the Chief Justice of India D.Y. Chandrachud will hear a complaint filed by Punjab accusing the Centre of stripping the State and its police of its powers.
  • Police and law and order is a State subject under Schedule 7, List-II Entries 1 and 2 of the Constitution.
  • Punjab challenged the constitutional validity of the notification issued by the Centre in October 2021 extending the reach of the BSF to 50 km by invoking Section 139 of the Border Security Force Act, 1968.
  • The provision authorises the Centre to confer powers and duties on the BSF with respect to any Central Act like the Passport (Entry into India) Act, 1920, the Registration of Foreigners’ Act, 1939, the Central Excises and Salt Act, 1944, the Foreigners Act, 1946, the Foreign Exchange Regulation Act, 1947, the Customs Act, 1962 or the Passports Act, 1967 or of any cognizable offence punishable under any other Central Act.
How has Punjab challenged the notification?
  • Through the lawsuit filed under Article 131 of the Constitution of India, Punjab has challenged the notification issued by the Union of India, through the Ministry of Home Affairs under sub-section (1) of Section 139 of the BSF.
  • Punjab has submitted that the effect and the consequence of the notification amount to encroachment upon the powers of the State of Punjab by the Centre in as much as more than 80% area of the border districts.
  • All major towns and cities including all the district headquarters of these border districts of Punjab fall within the 50 km demarcation area from the India-Pakistan International Border.
  • The government contends that considering that more than 80% area of the major border area towns of Punjab are covered in the extended belt of 50 kms, the notification is ultra vires of the Constitution and encroaches upon Punjab’s plenary authority to legislate on the issue which relates to or are necessary for the maintenance of public order and internal peace.
  • Also, it holds that the notification encroaches upon the power of the State as the police and law and order is a State subject.
  • Punjab has also pointed out that power under Section 139 of the BSF Act, 1968 cannot be read in isolation to give unilateral power to the Central government to grant extra jurisdiction of 50 kms to the BSF.
Punjab's concerns
  • The geography of Punjab is such that the area which has been included in the extended jurisdiction of the BSF is densely populated.
  • The State argues that this is not the case in Gujarat, where most of the area falls in the wastelands of Kutch and saline marshes; similarly, the extended jurisdiction in Rajasthan is desert land, permitting only sparse vegetation, and the density of population is low too.
  • In the case of Punjab, the 50-km area is highly fertile, heavily populated and covers most of the physical areas forming part of the border districts of Pathankot, Gurdaspur, Amritsar, Tarn Taran, Ferozepur, Fazilka etc.
  • Moreover, geographically, it points out that while Punjab is a small State, it has a very potent history and therefore, its case and concerns are different, and that no reason can justify the extension of jurisdiction to a range of 50 kms.
  • It will inconvenience people, including farmers who have to cross barbed wire fencing to cultivate their land along the border, the State has pointed out.
Source- The Hindu

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