SC frames legal issues, to scrutinise BSF’s extended authority at 50 km from border

New Delhi: On Monday, the Supreme Court announced its intention to scrutinise the validity of the Centre’s 2021 notification, which expanded the Border Security Force’s (BSF) jurisdiction for search, seizure, and arrest from the earlier 15 km limit to a broader 50 km stretch from the international border. The legal issues raised in the lawsuit filed by the Punjab government challenging the October 11, 2021 notification will be examined by the bench, consisting of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

Solicitor General Tushar Mehta, representing the Centre, clarified that local police and state governments would retain jurisdiction over law and order issues, while the BSF would focus on national security matters related to the international border. The top court had previously directed both parties to exchange legal questions, which would be settled during the next hearing.

The legal questions framed by the court include whether the increase in the BSF’s jurisdiction from 15 km to 50 km in Punjab, as per the October 11, 2021 notification, constitutes an arbitrary exercise of power under section 139(1) of the Border Security Force Act, 1968. The court will also assess whether the increase in jurisdiction is beyond the local limit of areas adjoining the borders under the BSF Act and if all states must be treated uniformly in determining these local limits.

Other legal issues include examining the factors influencing the determination of local limits of areas adjoining India’s borders, whether the notification amounts to unconstitutional interference in the state’s legislative domain, and if the constitutionality of the October 11, 2021 notification can be challenged under Article 131 of the Constitution.

The Supreme Court granted two additional weeks to the Centre for filing written submissions and allocated two weeks thereafter for the Punjab government’s rejoinder submissions. The final hearing is scheduled four weeks from now.

In a previous hearing, the court noted that the Punjab Police’s power had not been revoked by the Centre’s decision to expand the BSF’s jurisdiction. The CJI observed that there were prima facie concurrent powers for the BSF and state police, emphasising that the Punjab Police retained the power of investigation.

The lawsuit originated in January 2021 when the Punjab government challenged the Centre’s decision to extend the BSF’s jurisdiction in border states, arguing that it encroached upon the state’s constitutional jurisdiction. The controversial notification triggered opposition from Punjab and West Bengal, leading to state assemblies adopting resolutions against it. The Supreme Court will now delve into the constitutional and jurisdictional aspects surrounding this issue.

The BSF has a strength of about 2.65 lakh personnel and it guards over 6,300 km of international border with Pakistan on the west and Bangladesh on the eastern flank of the country.

Raised on December 1, 1965, It has 192 operational battalions and is the country’s largest border-guarding force, with the Indo-Tibetan Border Police (ITBP), the Sashastra Seema Bal (SSB) and the Assam Rifles being the other three.