EXTENSION OF BSF JURISDICTION IN PUNJAB

27-01-2024

The Supreme Court of India will make a decision on if the Central government's decision to increase the area where the Border Security Force (BSF) can operate to 50 km from the international border in Punjab is affecting the state government's power to make laws.

Background:

In October 2021, the Central government announced a change that allowed the Border Security Force (BSF) to work up to 50 km from the border in Punjab, Assam, and West Bengal, instead of the earlier limit of 15 km. The Punjab government did not agree with this change and took the matter to the Supreme Court arguing that it:

Goes against India's federal system by interfering with the state's ability to keep peace and order in its area.
Makes the state police almost ineffective in the area where the BSF's power has been increased.
Is not necessary because there is no immediate danger to security.

BSF JURISDICTION VS STATE POLICE JURISDICTION

Public order & safety is the primary responsibility of a State that’s why public order & police have been given in the State list.

State	BSF Jurisdiction in States from boundary
	From 2014-2021	From 2021 (till now)
Rajasthan	50 km	50 km
Punjab, Assam, West Bengal,	15 km	50 km
Gujarat	80 km	50 km
Manipur, Tripura	No limit	No limit

But if there is a serious threat, then Article-355 gives permission to the Centre to deploy its forces to protect the state.The BSF does not have the powers to prosecute crime suspects.The BSF was raised in 1965, after the India-Pakistan war.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).
BSF is deployed on the border of Indo-Pakistan, Indo-Bangladesh, Line of Control (LoC).

Solution:

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.
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.
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.

Key Arguments:

Punjab Government	Central Government
The extension of BSF jurisdiction is unconstitutional as it violates Entry 2 of List II of the Seventh Schedule of the Constitution, which grants states exclusive power over "public order" within their territory.	The extension is necessary to ensure effective border security and counter cross-border crime and terrorism.
The BSF is a central paramilitary force, and its extended powers undermine the state's police force.	The BSF has expertise in border patrolling and can better address security challenges in a coordinated manner across states.
The 50 km limit is arbitrary and not based on any specific security threat assessment.	3. The 50 km limit is uniform across all border states and ensures efficient resource allocation.

Further Implications:

The Supreme Court's decision will have significant implications for the federal balance of power between the Centre and states.
It may set an example for other border states facing similar extensions of BSF jurisdiction.
The decision could also impact the relationship between the BSF and state police forces, and their respective roles in border security.