{"id":279517,"date":"2024-01-24T17:14:58","date_gmt":"2024-01-24T11:44:58","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=279517"},"modified":"2024-01-24T17:14:58","modified_gmt":"2024-01-24T11:44:58","slug":"increase-in-bsf-operational-jurisdiction-limits-and-borders","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/increase-in-bsf-operational-jurisdiction-limits-and-borders\/","title":{"rendered":"increase in BSF operational jurisdiction- Limits and borders"},"content":{"rendered":"

Source<\/strong>: The post increase in BSF operational jurisdiction has been created, based on the article \u201cLimits and borders<\/strong>\u201d published in \u201cThe<\/strong> Hindu<\/strong>\u201d on 24th January 2024.<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper 3 Internal Security \u2013 Issues related to Border Management, GS paper 2 – Polity- issues and challenges pertaining to the federal structure.<\/p>\n

News<\/strong>: The article discusses a dispute between Punjab and the Indian central government about increasing the Border Security Force’s (BSF) operational area from 15 km to 50 km in Punjab.<\/p>\n

What changes have been made by the October 2021 Centre notification under the BSF Act?<\/strong><\/h2>\n

1.The BSF’s operational jurisdiction was expanded from 15 km to 50 km from the border in Punjab, West Bengal and Assam.<\/p>\n

2.In Gujarat, the BSF’s jurisdiction was decreased from 80 km to 50 km.<\/p>\n

3.For Rajasthan, the operational area of the BSF remained the same at 50 km.<\/p>\n

How does the BSF operate?<\/strong><\/h2>\n

Preventing Trans-Border Crimes<\/strong>:<\/strong> The BSF’s primary role is to stop unauthorized entries and exits across India’s borders.<\/p>\n

However, the BSF does not have authority to investigate or prosecute offenders. It has to hand over those arrested, and the contraband seized from them to the local police.<\/p>\n

Coordination with Local Police<\/strong>: <\/strong>They work closely with the police for law enforcement, especially in border areas.<\/p>\n

Search and Seizure Operations<\/strong>:<\/strong> The BSF conducts searches and seizures, especially in cases where offenders penetrate deep into the country.<\/p>\n

What are the different arguments related to this dispute?<\/strong><\/h2>\n

Arguments from the States (Punjab and West Bengal)<\/p>\n

Expansion Oversteps Powers<\/strong>:<\/strong> expansion from 15 km to 50 km infringes on their jurisdiction over law and order. Using Article 131, Punjab filed a lawsuit against the Union government, claiming that the increase in jurisdiction violates the Constitution. State governments are constitutionally responsible for maintaining public order and exercising police powers.<\/p>\n

Note<\/strong>: Article 131 vests the Supreme Court with original jurisdiction over disputes occurring between states or between states and the Centre.<\/p>\n

For more information read here<\/a><\/p>\n

Violation of Federal Principles<\/strong>: <\/strong>The move is seen as a breach of federalism, where state powers should be respected.<\/p>\n

Legislative Action<\/strong>: <\/strong>Both states have passed resolutions in their assemblies opposing the BSF’s expanded jurisdiction.<\/p>\n

Arguments from the Central Government<\/p>\n

Enhanced Border Security<\/strong>: <\/strong>The increase to 50 km is justified to improve border patrol effectiveness.<\/p>\n

Standardizing Operations<\/strong>:<\/strong> The expansion aims to unify the operational area across different states for consistency.<\/p>\n

Perspective of the Supreme Court<\/p>\n

Legal Examination<\/strong>: <\/strong>The Supreme Court is reviewing whether the expansion encroaches upon state government’s domain.<\/p>\n

Constitutional Balance<\/strong>:<\/strong> The court is assessing the balance of powers between the central and state governments under the constitutional framework.<\/p>\n

Way forward <\/strong><\/p>\n

The way forward involves a balanced approach respecting both national security needs and state autonomy. Effective consultation between the central and state governments, along with the Supreme Court’s guidance, can lead to a solution that upholds constitutional principles and federalism.<\/p>\n

Question for practice:<\/strong><\/p>\n

What are the key legal disputes and arguments regarding the increase in the BSF’s operational jurisdiction.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post increase in BSF operational jurisdiction has been created, based on the article \u201cLimits and borders\u201d published in \u201cThe Hindu\u201d on 24th January 2024. UPSC Syllabus Topic: GS Paper 3 Internal Security \u2013 Issues related to Border Management, GS paper 2 – Polity- issues and challenges pertaining to the federal structure. News: The… Continue reading increase in BSF operational jurisdiction- Limits and borders<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,1244],"tags":[212,406,10498],"class_list":["post-279517","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-internal-security","tag-gs-paper-2","tag-internal-security","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/279517","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=279517"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/279517\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=279517"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=279517"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=279517"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}