Hindu Editorial Analysis : 27- January-2024

The recent decision by the Supreme Court of India to scrutinize the ‘expansion of territorial jurisdiction’ over the Border Security Force (BSF) has sparked a legal debate. This move comes after the Union government amended the BSF Act, 1968, extending its jurisdiction in certain states. The decision is centered on the need for uniformity in operations and effective border patrol.

Background of BSF Jurisdiction Expansion

Notification and Changes

In October 2021, the Union government amended the BSF Act, extending its jurisdiction from 15 km to 50 km along the International Border in Punjab, West Bengal, and Assam. Gujarat saw a reduction from 80 km to 50 km, while Rajasthan’s limit remained unchanged at 50 km. The objective was to provide uniformity in jurisdiction across the states.

Current Powers

BSF’s powers include arrest, search, and seizure under various laws. It primarily focuses on preventing trans-border crimes, but lacks investigative and prosecutorial authority. Coordination with local police is essential to avoid jurisdiction clashes.

Advantages of BSF Jurisdiction Extension

Uniformity in Operations

The amendment brings uniformity in BSF operations across Punjab, West Bengal, Gujarat, Rajasthan, and Assam, allowing it to operate within a 50 km border area.

Effective Border Patrol

The extension aids the BSF in discharging its border patrol duties more effectively, particularly in combating trans-border crimes and unauthorized entries.

Technological Advancements

BSF’s expanded jurisdiction is aligned with technological advancements, enabling effective border guarding using tools like Drones and UAVs.

Concerns over the Extension

Federalism Concerns

Some states argue that the extension encroaches upon their police and public order powers, raising concerns about Constitutional rights.

Lack of Consultation

States contend that the central government issued the notification without consulting them, raising questions about the lack of dialogue.

Arbitrariness

The Supreme Court questions whether the extension was arbitrary and if it interferes with the local area jurisdiction of state police.

Steps to Improve BSF Capacity

Enhancing Operational Powers

The Ministry of Home Affairs can enhance ‘arrest, search, and seize’ powers at the international boundary within Assam, West Bengal, and Punjab, improving operational effectiveness.

Increase Housing Satisfaction Ratio

Better living conditions for personnel, including proper housing facilities, can boost morale and efficiency.

Training and Skill Development

Regular training and skill development programs can enhance the capabilities of BSF personnel in handling advanced weaponry and counter-insurgency operations.

Health and Wellness Programs

Implementing health and wellness programs for personnel ensures physical and mental well-being, crucial for performance.

Collaboration with Other Agencies

Collaborating with other security agencies and sharing intelligence can aid effective border management.

Community Engagement

Engaging with local communities in border areas can help in gathering crucial information and maintaining peace.

Why In News

The Supreme Court of India recently decided to examine the ‘expansion of territorial jurisdiction’ over the Border Security Force (BSF), reflecting its commitment to ensuring a thorough review of legal frameworks in response to evolving security challenges on the nation’s borders.

MCQs about Examining the Expansion of Territorial Jurisdiction of BSF in India

  1. What was the primary reason for the extension of BSF jurisdiction in Punjab, West Bengal, and Assam?
    A. Combatting insurgency
    B. Giving uniformity to jurisdiction
    C. Increasing the powers of BSF
    D. Enhancing border trade
    Correct Answer: B. Giving uniformity to jurisdiction
    Explanation: The extension aimed to provide uniformity to the jurisdiction of the BSF across states.
  2. Which technological advancements were mentioned as a reason for extending BSF’s jurisdiction?
    A. Satellite communication
    B. Drones and UAVs
    C. Cybersecurity measures
    D. Advanced weaponry
    Correct Answer: B. Drones and UAVs
    Explanation: The extension was aimed at empowering the BSF to discharge its duties effectively using tools like Drones and Unmanned Aerial Vehicles (UAVs).
  3. What Constitutional right do some states argue is encroached upon by the extension of BSF’s jurisdiction?
    A. Right to Education
    B. Right to Freedom of Speech
    C. Police and Public Order powers
    D. Right to Privacy
    Correct Answer: C. Police and Public Order powers
    Explanation: Some states argue that the extension encroaches upon their powers related to police and public order, asserting their Constitutional rights.

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