TEST SERIES 
Date : 12 Dec 2021
Punjab moves Supreme Court against extended BSF area
Tags :Why in News?
Punjab has filed a suit in the Supreme Court against the Centre’s move to increase the limits of the jurisdiction of the Border Security Force (BSF) from 15 km to 50 km along the India-Pakistan International Border.
Background:
- The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.
- The Ministry of Home Affairs (MHA) exercised the powers under the Border Security Force Act of 1968.
- In its 2014 notification, the MHA had outlined BSF’s jurisdiction as “the whole of the area comprised in the States of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and so much of the area comprised within a belt of eighty kilometres in the State of Gujarat, fifty kilometres in the State of Rajasthan and fifteen kilometres in the States of Punjab, West Bengal and Assam, running along the borders of India”.
What kind of powers can the BSF exercise in this jurisdiction?
- Its jurisdiction has been extended only in respect of the powers it enjoys under the Criminal Procedure Code (CrPC), Passport (Entry into India) Act, 1920 and the Passport Act, 1967.
- BSF currently has powers to arrest and search under these laws.
- It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws. Its jurisdiction under these laws has not been changed, meaning its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.
Why has the government extended the jurisdiction?
- The objective of the move is to bring uniformity and also to increase operational efficiency.
- Due to increasing instances of drones dropping weapons and drugs in Jammu and Kashmir and Punjab.
- The states argue that law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government.
- The MHA stand: It’s not that the local police can’t act within the jurisdiction of the BSF. It’s just that sometimes we don’t have enough time and so BSF has been empowered to act to a greater distance and in turn strengthen the hands of the state police.
- BSF stand: We do everything in coordination with our sister agencie
The international borders in the three states where BSF’s jurisdiction has been enhanced.
While the places marked here are within 50 km of the respective borders, this is not meant to represent the BSF’s jurisdiction.
The BSF does not mark its jurisdiction on a map.
While the places marked here are within 50 km of the respective borders, this is not meant to represent the BSF’s jurisdiction.
The BSF does not mark its jurisdiction on a map.
