Enhancement In Power Of BSF By Central Government

Recently jurisdictional powers of Border Security Force(BSF) has been increased by Ministry of Home Affairs , India . It can now perform its functions in states of Punjab , Assam and West Bengal . This move of government is strongly criticized by state governments of Punjab and West Bengal , questioning the authority of the order . Since maintenance of law and order is a matter State government and this is directly curbing the power of stat Police .

BSF

It is central armed police force , there are other CAPF in India like CRPF( Anti Terror) , SSB(Nepal and Bhutan) , ITPF(Tibet and China) .

BSF is giving protection against internal threats and border attacks from Pakistan and Bangladesh .

Jurisdictional powers of BSF are derived from BSF Act , 1968 . Section 139(1) of BSF Act gives power to Central Government to define jurisdictional limitation .It extends to 10 States and 2 Union Territories sharing borders with Pakistan and Bangladesh .

BSF Act , 1968

Act outlined jurisdiction , whole of the area comprised in states of Manipur , Meghalaya , Tripura and Nagaland .

80 km of Gujarat , 50 kms of Rajasthan and 15 km of Punjab and West Bengal’s border adjoining land

Central Government Power to enhance jurisdiction

Under Section 139(1) , C.G has power to unilaterally increase or decrease jurisdictional limits of BSF in these areas . No mandate to consult with state government .

BSF’s Power and federal structure

Entry 2 of state list specifies police is a state function .

Entry 2A of List 1 – Deployment of any armed force of union or any other force subject to control of the union or any contingent or unit thereof in any state in the aid of civil power .

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