Supreme Court to decide if Centre violated Punjab domain by extending BSF’s territory

Satya Prakash

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New Delhi, January 22

The Supreme Court on Monday decided to examine the validity of the Centre’s decision to extend the jurisdiction of the Border Security Force (BSF) in Punjab from 15 to 50 km along the India-Pakistan border.

A three-judge Bench led by CJI DY Chandrachud framed legal issues involved in the original suit filed by the Punjab Government under Article 131 of the Constitution challenging the October 11, 2021, notification issued by the Ministry of Home Affairs (MHA) and posted the matter for final hearing after four weeks.

Up from 15 to 50 km

• An MHA notification extended BSF jurisdiction from 15 to 50 km in Punjab, Bengal, Assam
• It reduced the jurisdiction from 80 to 50 km in Gujarat
• In Rajasthan, the BSF’s limit remained unchanged at 50 km

Article 131 provides a mechanism for adjudication of disputes between the Centre and one or more states; or between the Centre and any state or states on one side and one or more other states on the other; or between two or more states.

While the MHA notification extended the BSF’s jurisdiction from 15 to 50 km in Punjab, West Bengal and Assam, it reduced the same from 80 to 50 km in Gujarat. In Rajasthan, the limit remained unchanged at 50 km.

Now, the top court would examine “whether the impugned notification dated October 11, 2021, of increasing the jurisdiction of the BSF in Punjab constitutes an arbitrary exercise of power by the defendant (Centre) under section 139 (1) of the Border Security Force Act, 1968”.

It would also consider “whether the increase in BSF’s jurisdiction to 50 km is beyond the local limit of areas adjoining the borders under the BSF Act” and “whether all states have to be treated alike for the purpose of determining the local limits of areas adjoining the borders of India under Section 139 (1) of the BSF Act”.

The top court would examine if the October 11, 2021, notification amounted to unconstitutional interference in the legislative domain of the state.

Solicitor General Tushar Mehta defended the MHA notification saying the local police and state governments would continue to have jurisdiction over law and order issues and the BSF would deal with only national security matters concerning the international border.

Punjab Advocate General Gurminder Singh, however, said the BSF’s jurisdiction would depend on topography, population concentration and other factors.

The Punjab Government had moved the top court in December 2021 against the Centre’s decision.