New Delhi: Raising Centre-State disputes over the expansion of Jurisdiction of BSF In border areas up to 50 km, the Punjab government moved the Supreme Court with a substantive Article 131 accusing the central government of trying to rule the territory in a guise and a blow to the constitutionally mandated federal structure of governance. has done.
Extension of jurisdiction of BSF Three states – on the international border in Assam, Punjab and West Bengal – saw vocal opposition from opposition governments in Punjab and West Bengal, with both terming the move a “unilateral decision”. He asked why the established practice of the BSF working closely with the state police for searches, seizures and arrests was abandoned without prior consultation. The Ministry of Home Affairs has clarified that the procedure for handing over the arrested persons to the local police for regular registration of cases has not been changed in any way.
However, the Congress government led by Charanjit Singh Channi challenged the expansion of B S fIn the U.S.’s jurisdiction, his predecessor Amarinder Singh had welcomed the Centre’s decision, saying it would help Punjab prevent illegal cross-border activities, allegedly aided and abetted by Pakistan. Chief Minister of West Bengal Mamata Banerjee has also strongly opposed the expansion of the BSF’s jurisdiction. The Supreme Court has not fixed any date for hearing on Punjab’s original suit, which was filed on December 6.
Earlier, the Kerala government had challenged the Citizenship (Amendment) Act under Article 131 on the ground that it violated Articles 14, 21 and 25 of the Constitution. It said the CAA covers only a section of minorities from neighboring countries.
The BSF has a jurisdiction of 50 km from the International Border in Rajasthan and Gujarat (this was reduced from 80 km earlier to 50 km). In other states along the international border, the armed forces have no jurisdiction in conducting search, seizure and arrest operations. The government had said that there is a need to bring uniformity in the jurisdiction of the BSF in the states along the international border.
Interestingly, section 139 BSF Act, 1968 does not provide for prior consultation with the States. It says: “1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limits, and within the local limits of such area adjoining the borders of India, as may be specified In order to prevent, any member of the Force, (i) the Passport (Entry into India) Act, the Foreigners’ Registration Act, the Central Excise and Salt Act, the Foreigners Act, for the purpose of preventing any offense punishable with, any cognizable offense punishable under the Foreign Exchange Regulation Act, the Customs Act, or the Passport Act, or any other Central Act; or punishable under any other Central Act; or (ii) for the purpose of apprehending any person who has committed an offence. is an offense referred to in clause (i), exercises or discharges such powers or duties under that Act or any other Central Act, as may be specified in the said order, which, in the opinion of the Central Government, has powers and duty, an officer of a closed corresponding or lower rank shall be appointed to that or such other officer. empowered by Yama to exercise or discharge for the said purposes.”
In Parliament, the Ministry of Home Affairs defended the amendment to the Act and gave a written reply saying, “In detail Territorial Jurisdiction of BSF In some states, in view of the use of technology such as Dynamic Remotely Operated Navigation Equipment (drones), Unmanned Aerial Vehicles (UAVs), etc., the BSF has to discharge its border security duties more effectively, generally over longer distances. That is done by the anti-national. Security forces for surveillance as well as smuggling of arms, narcotics and counterfeit Indian currency notes. This [the increase in territorial jurisdiction] It will also help in curbing the menace of cattle smuggling as smugglers take refuge in interior areas outside the jurisdiction of BSF.”
However, the Punjab government in its suit stated that the explanation given by the Center for the extension of territorial jurisdiction of the BSF in the border areas was only a fig leaf and the real intention behind the decision was to encroach upon the jurisdiction of the state governments. In West Bengal, CM Mamata Banerjee has reportedly asked the police to be vigilant and not allow BSF personnel to enter villages outside without permission.
Extension of jurisdiction of BSF Three states – on the international border in Assam, Punjab and West Bengal – saw vocal opposition from opposition governments in Punjab and West Bengal, with both terming the move a “unilateral decision”. He asked why the established practice of the BSF working closely with the state police for searches, seizures and arrests was abandoned without prior consultation. The Ministry of Home Affairs has clarified that the procedure for handing over the arrested persons to the local police for regular registration of cases has not been changed in any way.
However, the Congress government led by Charanjit Singh Channi challenged the expansion of B S fIn the U.S.’s jurisdiction, his predecessor Amarinder Singh had welcomed the Centre’s decision, saying it would help Punjab prevent illegal cross-border activities, allegedly aided and abetted by Pakistan. Chief Minister of West Bengal Mamata Banerjee has also strongly opposed the expansion of the BSF’s jurisdiction. The Supreme Court has not fixed any date for hearing on Punjab’s original suit, which was filed on December 6.
Earlier, the Kerala government had challenged the Citizenship (Amendment) Act under Article 131 on the ground that it violated Articles 14, 21 and 25 of the Constitution. It said the CAA covers only a section of minorities from neighboring countries.
The BSF has a jurisdiction of 50 km from the International Border in Rajasthan and Gujarat (this was reduced from 80 km earlier to 50 km). In other states along the international border, the armed forces have no jurisdiction in conducting search, seizure and arrest operations. The government had said that there is a need to bring uniformity in the jurisdiction of the BSF in the states along the international border.
Interestingly, section 139 BSF Act, 1968 does not provide for prior consultation with the States. It says: “1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limits, and within the local limits of such area adjoining the borders of India, as may be specified In order to prevent, any member of the Force, (i) the Passport (Entry into India) Act, the Foreigners’ Registration Act, the Central Excise and Salt Act, the Foreigners Act, for the purpose of preventing any offense punishable with, any cognizable offense punishable under the Foreign Exchange Regulation Act, the Customs Act, or the Passport Act, or any other Central Act; or punishable under any other Central Act; or (ii) for the purpose of apprehending any person who has committed an offence. is an offense referred to in clause (i), exercises or discharges such powers or duties under that Act or any other Central Act, as may be specified in the said order, which, in the opinion of the Central Government, has powers and duty, an officer of a closed corresponding or lower rank shall be appointed to that or such other officer. empowered by Yama to exercise or discharge for the said purposes.”
In Parliament, the Ministry of Home Affairs defended the amendment to the Act and gave a written reply saying, “In detail Territorial Jurisdiction of BSF In some states, in view of the use of technology such as Dynamic Remotely Operated Navigation Equipment (drones), Unmanned Aerial Vehicles (UAVs), etc., the BSF has to discharge its border security duties more effectively, generally over longer distances. That is done by the anti-national. Security forces for surveillance as well as smuggling of arms, narcotics and counterfeit Indian currency notes. This [the increase in territorial jurisdiction] It will also help in curbing the menace of cattle smuggling as smugglers take refuge in interior areas outside the jurisdiction of BSF.”
However, the Punjab government in its suit stated that the explanation given by the Center for the extension of territorial jurisdiction of the BSF in the border areas was only a fig leaf and the real intention behind the decision was to encroach upon the jurisdiction of the state governments. In West Bengal, CM Mamata Banerjee has reportedly asked the police to be vigilant and not allow BSF personnel to enter villages outside without permission.
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