The Ministry of Home Affairs has recently issued an announcement, broadening the remit of the Border Security Force (BSF) to perform searches, seizures, and arrests up to 50km from the international border in Assam, West Bengal and Punjab.
Taking the place of a 2014 order under the BSF Act of 1968, this updated mandate also applies to the states of Manipur, Mizoram, Tripura, Nagaland, Meghalaya, as well as the newly established Union Territories of J&K and Ladakh.
BSF’s Enlarged Role and Limitations
In their expanded jurisdiction, the BSF is tasked with preventing smuggling of narcotics, other prohibited items, illegal entry of foreigners and offences punishable under any other Central Act. However, following a seizure or detainment, the BSF is limited to conducting “preliminary questioning” and must turn the suspect over to the local police within 24 hours. The force does not have the authority to prosecute suspects for crimes.
Impact on Public Order and State Security
Such a mandate walks a fine line between maintaining public order, a responsibility traditionally held by state governments, and ensuring state security during serious public disorder, which is within the purview of the Union Government. There are concerns that this development might erode the spirit of federalism, with no concurrence sought from the state government prior to the order’s issuance.
Constitutional Perspective on Armed Forces Deployment
The constitution permits the deployment of central forces to protect against “external aggression and internal disturbance,” as stipulated under Article 355. This can occur even without a state’s requisition for help. In case a state opposes the deployment of union armed forces, the Centre can issue directives to the state under the same article. Non-compliance allows for intervention under Article 356, enabling President’s Rule.
Understanding the BSF
Established in 1965 after the India-Pakistan war, the BSF is one of seven Central Armed Police Forces in India, administered by the Ministry of Home Affairs (MHA). Other forces include Assam Rifles (AR), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), National Security Guards (NSG), and Sashastra Seema Bal (SSB).
The BSF, with its 2.65 lakh-strong force, oversees the Pakistan and Bangladesh international borders among other areas. It has various operations units including an air wing, marine wing, artillery regiment, and commando units. Additionally, the BSF assists in maintaining law and order, contributes to UN peacekeeping missions, and responds to natural calamities.
Considering the Future
While the security conditions in India necessitate certain measures, it is desirable that state governments are consulted prior to central forces’ deployment. States should aim for self-reliance in armed policing, necessitating union forces only in severe disturbances. Neighbouring states could consider arrangements for shared use of Armed Police in times of need, facilitated through Zonal Councils. Finally, there is growing impetus for comprehensive police reforms, as repeatedly highlighted by various committees and judgments.
