India’s Border Security Force (BSF) has recently had its jurisdiction expanded from 15 to 50 km in Punjab. This decision by the Centre was challenged by the state government of Punjab, with the Supreme Court stating that this does not diminish the investigative authority of the state police. Instead, the BSF is granted concurrent power to prevent specific offenses within these limits.
The Centre’s Notification on BSF’s Jurisdiction
In 2021, a notification replaced a 2014 order under the BSF Act,1968, covering the States of Manipur, Mizoram, Tripura, Nagaland, and Meghalaya to extend the jurisdiction of the BSF in Punjab. This also included the newly created Union Territories- J&K and Ladakh along with Assam, West Bengal, and Punjab. The BSF was given the task of preventing smuggling of narcotics, illegal entry of foreigners, and other offenses. While the BSF can conduct preliminary questioning once they detain a suspect, they do not have the power to prosecute. Following detention or seizure, the BSF must hand over the suspect to local police within 24 hours.
Special Powers and Regulatory Purview of BSF
BSF’s ability to extend its jurisdiction in border states is derived from the BSF Act,1968. This jurisdictional extension allows them to tackle offenses under the Criminal Procedure Code, 1973, Passport (Entry into India) Act, 1920, and Passport Act, 1967. While local police retain their jurisdiction, the BSF shares the power concurrently.
Implications of Jurisdiction Extension: Public Order vs State Security
The primary responsibility of maintaining public peace, safety, and tranquility falls upon the State Government. In cases of serious public disorder threatening the security or defense of the State or country, however, the Union Government may take an interest. This brings us to the issue of the federal spirit getting weakened, as the notification could be seen as encroaching on state powers.
Effects of BSF’s Extension of Jurisdiction on Punjab
The extension of jurisdiction from 15 to 50 km in Punjab gives rise to some specific issues. It brings the major cities under their purview while granting concurrent power alongside state police to handle offenses under the Indian Penal Code. The implications are different for states like Gujarat and Rajasthan, due to the geographical characteristics of these states.
Constitutional Viewpoint on Armed Forces’ Deployment in States
Article 355 of the constitution allows the Centre to deploy forces to protect a state against external aggression and internal disturbance, even without the consent of the state involved. Should the state object to this deployment, the Centre can issue directives under Article 355 and take action under Article 356 if the state does not comply.
About the BSF
Established in 1965 after the India-Pakistan war, the BSF forms part of the seven Central Armed Police Forces of India, under the administrative control of the Ministry of Home Affairs. With a force size of 2.65 lakhs, it is deployed along the Pakistan and Bangladesh borders, within the Indo-Pakistan International Border, the Indo-Bangladesh International Border, and in Anti-Naxal Operations. The BSF also makes annual contributions to UN peacekeeping missions.
Future Directions: State Consensus and Regional Arrangements
Given the security condition near India’s borders, it seems essential for the Union and State governments to consult each other before deploying armed forces. Other possible solutions could include strengthening state’s Police to reduce dependency on Union forces and neighboring states devising agreements for the usage of Armed Police in case of need. The Zonal Council could serve as the ideal forum for reaching consensus on such arrangements.
