BSF Jurisdiction vs State Police Jurisdiction

BSF Jurisdiction vs State Police Jurisdiction

05-12-2023
  1. Public order & safety is primary responsibility of a State that’s why public order & police have been given in State list.
  2. But if there is a serious threat, then Article-355 gives permission to Centre to deploy its forces to protect state.
    • The BSF does not have the powers to prosecute crime suspects.
  3. The BSF was raised in 1965, after the India-Pakistan war.
  4. It is one of the 7 CAPF (Central Armed Police Forces) of the Union of India under the administrative control of the Ministry of Home Affairs (MHA).  
  • Other CAPF are: Assam Rifles (AR), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), National Security Guards (NSG) and Sashastra Seema Bal (SSB).

State

BSF Jurisdiction in States from boundary

 

From 2014-2021

From 2021 (till now)

  1. Rajasthan

50 km

50 km

  1. Punjab, Assam, West Bengal,

15 km

50 km

  1. Gujarat

80 km

50 km

  1. Manipur, Tripura

No limit

No limit

 

  1. BSF is deployed on border of Indo-Pakistan, Indo-Bangladesh, Line of Control (LoC).

Conclusion

  1. States want to retain their independence. So, they want complete control of local state police. If BSF jurisdiction limit in State increase (15 km to 50 km), it causes problems to State.
  2. So, 3 states found it wrong that BSF control in their State increased from 15-50 km, So Punjab moved to Supreme court in 2021.

Way Forward

  1. Consent of State is Desirable: Before the Centre Government deploys its armed forces, it is desirable that the State Government should be consulted, wherever feasible.
  2. State Becoming Self-Reliant: Each State Government may work out, in consultation with the Union Government, short term and long-term arrangements for strengthening its Armed Police.
  3. Regional Arrangement: A group of neighbouring States may, by consensus, have a standing arrangement for the use of the Armed Police of one another in case of need.

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