The Supreme Court of India, under the leadership of Chief Justice DY Chandrachud, has taken a significant step in addressing the contentious issue of the Border Security Force’s (BSF) expanded jurisdiction in Punjab. The Court has urged the Central government and the state of Punjab to collaboratively resolve the matter, which stems from the Centre’s decision to extend the BSF’s operational jurisdiction from 15 km to 50 km from the International Border.
During the hearing, Solicitor General of India Tushar Mehta, representing the Central government, emphasized that the expanded jurisdiction of the BSF does not exclusively vest powers with the BSF, but rather involves concurrent powers with the local police. He clarified,
“Only some offences such as passport-related issues fall under the shared jurisdiction.”
Mehta also noted that the circumstances have evolved since the filing of the suit in 2021.
Advocate Shadan Farasat, representing the Punjab government, argued against the expansion, highlighting Punjab’s smaller geographical size and the resulting diminishment of the State’s authority due to parallel jurisdiction. In response, Mehta assured that the notification under challenge did not encompass all cognizable offences and reiterated,
“The local police’s jurisdiction has not been taken away.”
Also read- Delhi High Court Dismisses UCC Petitions, Defers To Law Commission (lawchakra.in)
Chief Justice Chandrachud, along with Justices JB Pardiwala and Manoj Misra, observed that the power of investigation remains with the Punjab Police. The bench directed both parties to jointly decide on the issues for adjudication and stated,
“The parties shall exchange issues so that they can be settled before the next date of listing.”
Mehta pointed out that the BSF has jurisdiction in all border states, mentioning that in states like Gujarat, the jurisdiction was up to 80 km, which is now uniformly 50 km across all border states. Farasat raised concerns about the Centre’s decision impacting the power of the Punjab police and other agencies. Mehta responded that the impugned notification does not include all cognizable offences.
The Punjab government had approached the Supreme Court in January 2021, challenging the Centre’s decision to expand the BSF’s jurisdiction. The state government contended that this extension encroaches upon the constitutional jurisdiction of the state. The Union home ministry had amended a July 2014 provision, enabling BSF personnel and officers to operate in the border areas.
This issue has sparked controversy, particularly in Opposition-ruled states like Punjab and West Bengal, with both state assemblies passing resolutions against the Union government’s decision. The Punjab government’s suit claims that the “unilateral declaration” under the October 11 notification, issued without consulting the state or conducting any consultative process, violates the Constitution of India.
The case represents a critical juncture in the ongoing dialogue about federalism and the balance of power between the Centre and states, especially concerning security and law enforcement along international borders.
