BSF jurisdiction row: Punjab moves Supreme Court against Centre’s order, alleges ‘encroachment’ of state’s powers

The swimsuit has been filed underneath Part 131 of the Structure, underneath which the Supreme Court docket has unique jurisdiction to cope with any dispute between the Centre and a state.

The Punjab authorities on Saturday moved the Supreme Court docket in opposition to the Centre’s transfer to increase BSF’s jurisdiction from 15 km to 50 km in border states of Punjab, West Bengal and Assam. 

The swimsuit has been filed underneath Part 131 of the Structure, underneath which the Supreme Court docket has unique jurisdiction to cope with any dispute between the Centre and a state. The swimsuit was listed on Friday earlier than the Registrar, who issued a discover to the Centre by means of the Lawyer Normal, asking for a reply to be filed in 28 days after which the matter will probably be listed.

The state authorities, in its plea, has contended that the impact of the notification dated October 11, 2021, is that “it quantities to encroachment upon the powers and the function of the plaintiff-state of Punjab by the Centre, inasmuch as greater than 80 per cent of the border districts, all the main cities and cities together with all of the district headquarters of Punjab fell inside 50 km space from the Indo-Pakistan worldwide border”.

The plea has additional alleged that the Centre didn’t seek the advice of the state authorities earlier than issuing the order.

Punjab Congress chief Navjot Singh Sidhu congratulated the state authorities saying that “the struggle to retain the ideas embodied within the structure to retain the federal construction and autonomy of the states has begun.”

The Centre had in October amended the BSF Act to authorise the border guarding drive to undertake search, seizure and arrest inside a 50 km stretch, up from the present 15 km, from the worldwide border in Punjab, West Bengal and Assam.

The Charanjit Singh Channi-led state authorities had final month adopted a decision in opposition to the Centre’s transfer and sought its withdrawal whereas terming it an “insult” to the state police. Whereas West Bengal authorities objected in opposition to the transfer, it stated won’t problem the choice. Alternatively, the extension of BSF’s powers was welcomed by the Assam authorities.