In a significant legal development, the Supreme Court of India has decided to examine the validity of the Central Government's 2021 notification that expanded the jurisdiction of the Border Security Force (BSF). The notification, issued on October 11, 2021, increased the BSF's authority for search, seizure, and arrest within a broader 50 km stretch from the international border, as opposed to the previous 15 km limit. This move has prompted a legal challenge from the Punjab government, raising questions about the constitutionality and potential encroachment on state powers.

The legal battle revolves around several critical questions framed by the bench, which consists of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

Firstly, the court will scrutinize whether the expansion of BSF's jurisdiction to 50 km in Punjab, as per the October 11 notification, constitutes an arbitrary exercise of power under Section 139(1) of the Border Security Force Act, 1968.

Secondly, the court will assess whether the increased jurisdiction falls beyond the local limit of areas adjoining the borders, as defined by the BSF Act. The third question seeks clarity on whether all states should be treated alike when determining these local limits under Section 139(1) of the BSF Act.

Additionally, the Supreme Court will examine the factors to be considered in determining the meaning of local limits of areas adjoining the borders of India under Section 139(1) of the BSF Act. Another crucial aspect is whether the October 11, 2021 notification amounts to unconstitutional interference in the legislative domain of the state under the constitutional scheme.

The last legal issue to be scrutinized is whether the constitutionality of the impugned notification can be challenged in an original suit under Article 131 of the Constitution.

During the proceedings, Solicitor General Tushar Mehta, representing the Centre, reassured that local police and state governments would retain jurisdiction over law and order issues, emphasizing that the BSF's focus would be on national security matters along the international border.

The Supreme Court granted two additional weeks to the Centre to file written submissions and provided the state government with two weeks to file its rejoinder submissions. The final hearing is scheduled after four weeks.

The origin of this legal dispute dates back to January 2021 when the Punjab government challenged the Centre's decision to extend the BSF's jurisdiction in border states, including Assam, West Bengal, and Punjab. The state argued that this extension encroached upon its constitutional jurisdiction. The controversy sparked resolutions against the notification in the state assemblies of Punjab and West Bengal.

Punjab's contention is that the unilateral declaration under the October 11, 2021 notification, without consultation or a consultative process, violates constitutional provisions. The state asserts that the increased jurisdiction affects more than 80% of the area of the border districts, major towns, and cities, thereby infringing upon the state's legislative authority to maintain public order and internal peace.