Punjab Government moves Supreme Court over more powers to BSF

Tribune News Service

New Delhi, December 11

The Punjab Government has moved the Supreme Court against the Centre’s decision to extend the jurisdiction of the Border Security Force (BSF) in the state from 15 to 50 km along the Indo-Pak border, saying it went against federalism and will lead to chaos.

‘Against Federalism’

• The October 11 notification of MHA goes against federalism and will lead to chaos
• MHA has extended the BSF’s jurisdiction up to 50 km along Indo-Pak border in Punjab

In its original suit filed under Article 131 of the Constitution, the Charanjit Singh Channi-led Congress government said, “Punjab is a small state, but has a very potent history and, therefore, its case and concerns are distinguishable and no reason can justify the extension of jurisdiction (of the BSF) to the belt of 50 km.”

Noting that over 80 per cent areas of border districts and all major towns and cities, including district headquarters, would come under BSF’s jurisdiction, the Punjab Government submitted that the MHA’s decision “is likely to give rise to unrest among the populace, including peasantry which has to cross the bribed wire to cultivate their land along the border”. It termed the MHA’s decision a “unilateral declaration” without consulting the state and without conducting any consultative process.

Contending that it can lead to chaos and conflict in trial of offences between law enforcement agencies, the state government has urged the top court to stay the October 11, 2021, notification of the Ministry of Home Affairs.

It assailed the notification on the ground that it “defeats the purpose of Entry 1 and 2 of List-II of Schedule-7 of the Constitution of India and encroaches upon the plaintiff’s plenary authority to legislate on issues that relate to or are necessary for the maintenance of public order and internal peace”.

Under Entry 1 and 2 of List-II (State List) of Schedule-7 of the Constitution, “public order” and “police” are enumerated as subjects on which states are empowered to make laws and exercise executive powers.

“To this extent the defendant (MHA) has departed from the principle of federalism inasmuch as the defendant has no power to make any laws in respect of the matters enumerated in List-II of Schedule-7 of the Constitution of India,” it maintained. “The original suit filed by the Punjab Government was taken up for hearing on Friday by a registrar’s court that asked the Attorney General to respond to it and posted the matter for hearing after four weeks,” Punjab Advocate General DS Patwalia told The Tribune.

After the filing of response by the Centre, the original suit filed under Article 131 of the Constitution would be listed before a Bench for hearing.