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A public interest litigation (PIL) has been filed challenging the central government's power to decide the jurisdiction of Border Security Force (BSF) was moved before the Calcutta High Court on Thursday.

A Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the petitioner to implead the BSF through the Director General in the instant petition & listed the hearing for December 14.

The Ministry of Home Affairs (MHA) recently amended the BSF Act to authorise the force to undertake search, seizure and arrest within a larger 50 km stretch, instead of 15 km, from the international border in Punjab, West Bengal and Assam.

The PIL filed by one Sayan Banerjee states that the decision to increase the territorial jurisdiction of BSF is against the federal structure of the Indian Constitution. The petitioner also said that the MHA decision will reduce the power of the state. The petition claims that the power of the central government under Section 139, Clause I, of BSF Act on deciding jurisdiction of the force is against the federal structure of the country.

Section 139 of the Act deals with powers and duties conferrable and imposable on members of the force. The Section allows the center to extend jurisdiction of BSF. However, the center is supposed to take concurrence of the state and get the same ratified in parliament. Banerjee has prayed that the section should be struck down, due to this contradictory nature which is against Article 14 of the Constitution.

The governments of West Bengal and Punjab have objected to the Centre's decision to extend the jurisdiction of BSF. Trinamool Congress party has moved a resolution in parliament for a debate during the winter session. 

Case Title: Sayan Banerjee v. Union of India & Ors.