The story so far: In 2021, the Government of India increased the jurisdiction of the Border Security Force (BSF) — which chiefly focus on preventing trans-border crimes — from 15 kilometres up to 50 kilometres inside the international borders in the States of Punjab, West Bengal and Assam. In Punjab, the move triggered sharp criticism from key political parties, with the State government ultimately moving the Supreme Court, which has fixed the third week of April for hearing the lawsuit.
What is the allegation?
A three-judge Bench headed by the Chief Justice of India D.Y. Chandrachud will hear a complaint filed by Punjab accusing the Centre of stripping the State and its police of its powers. Police and law and order is a State subject under Schedule 7, List-II Entries 1 and 2 of the Constitution. Punjab challenged the constitutional validity of the notification issued by the Centre in October 2021 extending the reach of the BSF to 50 km by invoking Section 139 of the Border Security Force Act, 1968. The provision authorises the Centre to confer powers and duties on the BSF with respect to any Central Act like the Passport (Entry into India) Act, 1920, the Registration of Foreigners’ Act, 1939, the Central Excises and Salt Act, 1944, the Foreigners Act, 1946, the Foreign Exchange Regulation Act, 1947, the Customs Act, 1962 or the Passports Act, 1967 or of any cognizable offence punishable under any other Central Act.
