Territorial jurisdiction of the Border Security Force

• Litigation arises from inadequate consultation between central and state governments on BSF jurisdiction in Punjab.

Background

• Punjab files suit under Article 131 challenging the Union government's decision to extend BSF's operational range from 15 km to 50 km.

Similar Concerns in Other States

• West Bengal shares Punjab's concerns, passing resolutions against BSF expansion.
• Both states perceive it as a violation of federal principles and an infringement on state police's law and order powers.

Central Government's Notification

• October 2021 notification under BSF Act standardizes operational jurisdiction.
• Punjab, West Bengal, and Assam see an increase from 15 km to 50 km; Gujarat decreases from 80 km to 50 km, and Rajasthan remains at 50 km.

Concerns Raised

• Despite valid reasons, the Union government must avoid encroaching on state governments' constitutional responsibilities for public order and police powers.

BSF's Role and Limitations

• BSF focuses on preventing trans-border crimes but lacks the power to investigate or prosecute.
• It collaborates with local police, and jurisdictional clashes should be avoided.

Key Questions Before the Supreme Court

• Does the Centre's notification encroach upon the State government's domain?
• What factors should be considered when determining the "local limits of areas adjoining the borders of India"?

Prelims Takeaway

• BSF
• Article 131