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Supreme Court Framing Legal Issues in BSF Jurisdiction Case

 

Background:

  • Punjab government filed a suit challenging the Centre's extension of BSF jurisdiction from 15km to 50km along the Indo-Pak border.
  • Punjab claims this extension violates federalism and encroaches on their legislative powers (public order, police).

Key Issues Framed by the Court:

  1. Arbitrary Exercise of Power: Was the notification an unjustified use of power by the Centre?
  2. Unconstitutional Interference: Does the 50km extension intrude on Punjab's legislative domain?
  3. Jurisdictional Limits: How should "local limits adjoining borders" be defined under Section 139(1) of the BSF Act?
  4. Equality Among States: Should all border states be treated alike regarding BSF jurisdiction?
  5. Validity of Notification: Can the notification be challenged through a suit or only through other legal means?

Implications:

  • The court's decision will determine the extent of BSF's powers and potential restrictions on state law enforcement within a 50km border zone.
  • The judgment could set a precedent for other border states facing similar jurisdictional issues.
  • The balance between national security concerns and state autonomy remains a central point of contention.

Next Steps:

  • The court will hear arguments from both sides, likely in April.
  • The decision could have significant consequences for both BSF operations and state governance in border areas.

Additional Information:

  • The Centre defended the extension, citing its authority for border security and claiming similar practices in other states.
  • Punjab also raised concerns about potential harassment and misuse of power by BSF officials within the expanded zone.

Overall, the Supreme Court's framing of legal issues in the BSF jurisdiction case sets the stage for a crucial decision with far-reaching implications for federalism, national security, and border governance in India. 

(With input from news agency language)
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