Punjab government moved Supreme Court against the expansion of BSF jurisdiction
Context:
- The Supreme Court is all set to hear the dispute over the expansion of the Border Security Force (BSF) jurisdiction in the state of Punjab.
- Final hearings in this case will commence from next week.
- The case is regarding the expansion of jurisdiction of BSF in Punjab.
- On October 11, 2021, the Ministry of Home Affairs issued a notification which expanded the jurisdiction of the BSF in Punjab, West Bengal and Assam.
- This was challenged by the Punjab government in the Supreme Court.
Why was the BSF jurisdiction extended?
- The Border Security Force was created after the enactment of the Border Security Force Act in September 1968.
- The BSF is aimed to secure India’s borders with its neighbouring nations.
- It is also empowered to arrest, search and seize under a number of laws including the Criminal Procedure Code, the Passports Act, the Passport (Entry into India) Act, and the NDPS Act, to name a few.
- Under Section 139(1) of the BSF Act, the central government, through an order, to designate an area “within the local limits of such area adjoining the borders of India” where members of the BSF can exercise powers to prevent offenses under any Acts that the central government may specify.
- Prior to the notification issued in October 2021, the BSF could exercise its powers within 15 kilometres of the border in the states of Punjab, West Bengal and Assam.
- The Centre expanded this to within 50 kilometres of the border.
- The notification states that, within this larger 50-kilometre jurisdiction, the BSF can only exercise powers under the Criminal Procedure Code, the Passport (Entry into India) Act and the Passports Act.
- It also said that for other central legislations, the 15-km limit remains.
- Solicitor General Tushar Mehta also claimed that the notification makes the BSF jurisdiction uniform across states, as the 50-kilometre limit was already in place in Rajasthan.
- The same notification reduced the jurisdiction of BSF in Gujarat from 80 km to 50 km.
Why has Punjab challenged this?
- The state of Punjab filed an ‘original suit’ against the central government in the Supreme Court in December 2021.
- The Supreme Court has ‘original jurisdiction’ in disputes between the central government and states under Article 131 of the Constitution.
- It means cases of this kind can only be heard for the first time at the SC “to the exclusion of any other court”.
- The Punjab government claimed that expanding the jurisdiction of the BSF would compromise the state’s exclusive powers to legislate on matters involving the police and public order in the state.
- Under Article 246 of the Constitution these powers are provided in Entries 1 and 2 of the State List.
- They also informed the court that the notification was issued without consulting with any of the states concerned.
Have other states also joined the challenge?
- Currently, no other challenge has joined with the Punjab government.
- But the notification was met with pushback from West Bengal when it was released.
- Shortly after the October 2021 notification, the West Bengal Assembly also had passed a resolution demanding its withdrawal.
What are the issues that the SC will consider?
- The court will decide if the notification expanding the jurisdiction of the BSF was arbitrary or backed by some legitimate reasons.
- Further, the court will determine if this notification interferes with the powers of the local police and also encroaches upon states powers under the Constitution.
- The SC will also decide what factors have to be considered when deciding which areas are “within the local limits of such area adjoining the borders of India” and also whether all states must be treated alike when determining these local limits.
- Finally, the court will decide if the notification can be challenged through an original suit by the Punjab government under Article 131 of the Constitution.
