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

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 Armed Police Forces of India constituted to defend India's national interest mainly against internal threats. Central Government's Power to Enhance Jurisdiction The Central Government in exercise of the powers conferred by S.139 of the Border Security Force Act, 1968 can notify the area and extent of border force's operational mandate from time to time. Thus, the Central Government's power to enhance the jurisdictional powers of central forces like Border Security Force are circumscribed by following conditions- one, that it must be with respect to states adjoining the borders of India; second, state's concurrence is required if powers enhanced are with respect to State Laws; three, the notification/order is placed before the Parliament and passed by both houses and fourth, the observation of the Supreme Court of India that Union forces must not result in supplanting or substituting the civil power in the State.