Calcutta High Court Seeks Centre's Response In Plea Challenging Centre's Power To Expand Border Security Force Jurisdiction
3 years, 1 month ago

Calcutta High Court Seeks Centre's Response In Plea Challenging Centre's Power To Expand Border Security Force Jurisdiction

Live Law  

The Calcutta High Court on Tuesday sought response from the Central government in a Public Interest Litigation petition challenging the Central government's power to decide the jurisdiction of the Border Security Force. The petition challenges Section 139 of the Border Security Force Act, 1968 for being ultra vires to the Constitution to the extent that it. The petition challenges Section 139 of the Border Security Force Act, 1968 for being ultra vires to the Constitution to the extent that it provides 'unbridled, unrestricted and arbitrary' powers to the Central government for fixing the territorial jurisdiction of the BSF. Opining that the impugned statutory provision violates Article 14 of the Constitution the plea contends further, "the unbridled power under Section 139 of the Border Security Force Act is violative of Article 14 of the Constitution of India and therefore requires to be exercised only in a particular situation upon material satisfaction".

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History of this topic

Is Increase In BSF's Jurisdiction Unconstitutional Interference In State's Domain? Supreme Court To Consider In Punjab's Suit Against Union
11 months, 3 weeks ago

Is Increase In BSF's Jurisdiction Unconstitutional Interference In State's Domain? Supreme Court To Consider In Punjab's Suit Against Union

Live Law  

The Supreme Court today framed 7 key issues which are to be decided in the original suit filed by the State of Punjab challenging the Union's notification extending the jurisdiction of Border Security Force from 15 to 50 Km in the state. The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra amongst other …

SC to decide if Centre encroached into ‘legislative domain’ of Punjab by extending BSF jurisdiction to 50 km
11 months, 3 weeks ago

SC to decide if Centre encroached into ‘legislative domain’ of Punjab by extending BSF jurisdiction to 50 km

The Hindu  

The Supreme Court on Monday decided to examine if all border States have to be treated alike while demarcating the area of jurisdiction of the Border Security Force, a central unit. The court was hearing a dispute raised by Punjab against the Centre for extending BSF’s jurisdiction from 15 km to 50 km from the Indo-Pakistan border. Punjab has challenged …

Punjab Govt. Moves Supreme Court Challenging Centre's Decision Expanding BSF's Jurisdiction
3 years, 1 month ago

Punjab Govt. Moves Supreme Court Challenging Centre's Decision Expanding BSF's Jurisdiction

Live Law  

The Punjab government has moved the Supreme Court challenging the Centre's decision that expanded the BSF's jurisdiction to undertake search, seizure, and arrest within a larger 50-km stretch from the international border in Assam, West Bengal and Punjab, as compared to the earlier 15 km.The state government, in its plea, has said the extension of the territorial jurisdiction of the. …

Extension In BSF Territorial Jurisdiction Will Help Fend Off Anti National Forces, Curb Cattle Smuggling Menace: Centre In Lok Sabha
3 years, 1 month ago

Extension In BSF Territorial Jurisdiction Will Help Fend Off Anti National Forces, Curb Cattle Smuggling Menace: Centre In Lok Sabha

Live Law  

The Union Ministry of Home Affairs yesterday defended its decision to extend the jurisdiction of the Border Security Force in the states of West Bengal, Assam, and Punjab by informing the parliament that the move is aimed at dealing with emerging threats of drones and cattle smuggling.It may be noted that Home Ministery's 2021 notification amends the 2014. The Union …

Calcutta High Court Issues Notice On Plea Challenging Centre's Power To Decide Jurisdiction of Border Security Force
3 years, 1 month ago

Calcutta High Court Issues Notice On Plea Challenging Centre's Power To Decide Jurisdiction of Border Security Force

Live Law  

The Calcutta High Court on Friday issued notice on a Public Interest Litigation petition challenging the Central government's power to decide the jurisdiction of the Border Security Force. The petition challenges Section 139 of the Border Security Force Act, 1968 for being ultra vires to the Constitution to the extent that it provides 'unbridled, unrestricted. The petition challenges Section 139 …

Punjab, Bengal Assemblies’ Resolution Against BSF Jurisdiction is Driven by Narrow Politics
3 years, 1 month ago

Punjab, Bengal Assemblies’ Resolution Against BSF Jurisdiction is Driven by Narrow Politics

News 18  

Recently, the Punjab and West Bengal asemblies passed a resolution rejecting the Central government’s notification concerning the extension of the Border Security Force jurisdiction in the respective states. The Centre had earlier issued a notification extending the BSF’s jurisdiction for conducting searches, arresting suspects, and further making seizures within the area of 50 km inside Indian territory from the international …

Why Centre and States are at Loggerheads over Extension of BSF Jurisdiction
3 years, 2 months ago

Why Centre and States are at Loggerheads over Extension of BSF Jurisdiction

News 18  

The recent decision to extend the operational jurisdiction of the Border Security Forces in the three states that share international borders has triggered a fresh tussle between the Centre and the state in India. In a recent order released by the Union Home Ministry under the Border Security Force Act of 1968, the BSF under the Centre, which is entrusted …

Explainer: Law On Border Security Force's Enhanced Powers In Border States
3 years, 3 months ago

Explainer: Law On Border Security Force's Enhanced Powers In Border States

Live Law  

The Ministry of Home Affairs recently extended the jurisdiction of the Border Security Force in the states of West Bengal, Assam and Punjab- a move that has invited criticism from the states of Punjab and West Bengal Government for violating the federal structure and infringing the rights of the state police. Border Security Force BSF is one of the Central …

Explained | Enhanced powers of Border Security Force
3 years, 3 months ago

Explained | Enhanced powers of Border Security Force

The Hindu  

The story so far The Ministry of Home Affairs, through a notification in the Gazette of India on October 11, enhanced the “arrest, search and seize” powers of the Border Security Force up to 50 km from the international boundary within Assam, West Bengal and Punjab. The MHA issues all orders pertaining to the BSF and other CAPFs such as …

Centre enhances powers of BSF; Punjab slams move
3 years, 3 months ago

Centre enhances powers of BSF; Punjab slams move

The Hindu  

The Union Home Ministry has enhanced the powers of the Border Security Force to “arrest, search and seize” within 50 km from the international boundary in Assam, West Bengal and Punjab. “I strongly condemn the GoI’s unilateral decision to give additional powers to BSF within 50 KM belt running along the international borders, which is a direct attack on the …

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