28 Jan 2024: UPSC Exam Comprehensive News Analysis

28 Jan 2024 CNA
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A. GS 1 Related

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C. GS 3 Related

Category: INTERNAL SECURITY

1. Why is Punjab in court over BSF’s powers?

Syllabus: Role of state and non-state actors in creating challenges to internal security, Various Security forces and agencies and their mandates

Prelims: BSF powers

Mains: Issues of Border management in India

Context​: The jurisdictional dispute between the Punjab government and the Centre over the increased powers of the Border Security Force (BSF) has led to a legal battle, with the Punjab government approaching the Supreme Court. The government’s decision to extend the BSF’s jurisdiction from 15 to 50 kilometres inside the international borders in Punjab, West Bengal, and Assam has ignited controversy, particularly in Punjab.

Background of the issue

• The Union government passed a notification in October 2021 amending the BSF Act, 1968.
• It extended the jurisdiction of the BSF from 15 km to 50 km from the International Border in Punjab, West Bengal, and Assam.
• In Gujarat, the limit was reduced from 80 km to 50 km. For Rajasthan, it was kept unchanged at 50 km. 
• According to the BSF, the decision to extend the jurisdiction of the security force to a 50 km belt along the international border in Punjab, West Bengal, and Assam was taken to ‘give uniformity to the jurisdiction’ across the states.

Issues

• Constitutional Validity Challenge: Punjab has challenged the constitutional validity of the Centre’s notification issued in October 2021, invoking Section 139 of the Border Security Force Act, 1968. The notification increased BSF’s jurisdiction and is viewed by Punjab as an arbitrary exercise of power by the Centre.
• Violation of Federalism: The Punjab government contends that the notification infringes upon the state’s powers as police and law and order are State subjects. The move is seen as a violation of the spirit of federalism enshrined in the Constitution.
• Geographical Disparity: Punjab’s concerns are unique as its extended jurisdiction area is densely populated and agriculturally fertile. This is in contrast to other states like Gujarat and Rajasthan, where extended areas are sparsely populated or consist of wastelands.
• Impact on Farmers: The 50-km jurisdiction extension poses practical challenges for farmers, including the inconvenience of crossing barbed wire fencing to cultivate their land along the border.

Significance

• State vs. Centre Dynamics: The case underscores the delicate balance of power between the State and Centre, particularly in matters of law and order.
• Federal Structure Concerns: The dispute raises questions about the federal structure enshrined in the Constitution and the need for consultation between the Centre and the States on matters impacting law and order.
• Practical Implications: The geographical and demographic differences among border states highlight the need for tailored considerations when determining BSF’s jurisdiction.

Solutions

• Constitutional Review: The Supreme Court will assess whether the notification constitutes an arbitrary exercise of power and if it infringes on the legislative domain of the State.
• Consultative Approach: The resolution passed by the Punjab State Assembly emphasizes the importance of consulting the State government before making major decisions affecting law and order.
• Consideration of State-Specific Factors: The Court will likely explore whether all states should be treated alike in determining the “local limits of areas adjoining the borders of India,” considering factors such as population density and geography.

BSF jurisdiction

• The powers of the BSF include the power to arrest, search and seize under laws such as the Passport (Entry into India) Act, 1920, Passport Act, 1967, Customs Act, 1962, The Narcotic Drugs and Psychotropic Substances Act, 1985, and certain other laws.
• It mainly focuses on preventing trans-border crimes, especially unauthorised entry into or exit from Indian territory. 
• It does not have the power to investigate or prosecute offenders, but has to hand over those arrested and the contraband seized from them to the local police.
• In practice, BSF personnel usually work in close coordination with the police and there ought to be no clash of jurisdiction. 
• Section 139(1) of the BSF Act allows the central government, through an order, to designate an area “within the local limits of such area adjoining the borders of India” where members of the BSF can exercise powers to prevent offenses under any Acts that the central government may specify.

Nut Graf: The legal battle between Punjab and the Centre over the extended jurisdiction of the BSF brings to light broader questions about the distribution of powers between the State and Centre, especially in sensitive matters like law and order. The Supreme Court’s decision in the upcoming hearing will not only impact Punjab but also set a precedent for the relationship between the Centre and other states in similar disputes.

D. GS 4 Related

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E. Editorials

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2. Gyanvapi case raises a challenge to Places of Worship Act, 1991

Details:

• The 1991 Act provides a guarantee for the preservation of the religious character of places of public worship as they existed on August 15, 1947.
• In August 2023, the Anjuman, Gynavapi mosque’s managers, had argued in the apex court that the demand for a “scientific investigation” by the Archaeological Survey of India (ASI) of the mosque premises was merely “salami tactics” and would defeat the spirit of the 1991 Act. But SC had allowed the ASI survey using “non-invasive technology”. The Chief Justice had even orally remarked to the mosque committee during the hearings that what seemed frivolous to them may be faith to the Hindus. The survey has now reported that a grand temple pre-existed the Gyanvapi mosque.
• The Constitution Bench in the Ramjanmabhoomi verdict observed that the 1991 Act was an “affirmation” of the solemn duty of the state to preserve the equality of all faiths. The Act was a manifestation of an essential constitutional value. “A norm which has the status of being a Basic Feature of the Constitution,” the 2019 judgment had noted.
• The five-judge Bench referred to how one of the parliamentarians, Malini Bhattacharya, had agreed with the cut-off date of August 15, 1947. “It is because on that date we are supposed to have emerged as a modern, democratic and sovereign State… From that date, we also distinguished ourselves as a state which has no official religion and which gives equal rights to all the different religious denominations”.

The Places of Worship Act, 1991 

• It was enacted to freeze the status of religious places of worship as they existed on August 15, 1947, and prohibits the conversion of any place of worship and ensures the maintenance of their religious character. 

Read more: Places of Worship Act (Special Provisions), 1991

Major Provisions of the Act:

• Prohibition of Conversion (Section 3): Prevents the conversion of a place of worship, whether in full or part, from one religious denomination to another or within the same denomination.
• Maintenance of Religious Character (Section 4(1)): Ensures that the religious identity of a place of worship remains the same as it was on August 15, 1947.
• Abatement of Pending Cases (Section 4(2)): Declares that any ongoing legal proceedings concerning the conversion of a place of worship’s religious character before August 15, 1947, will be terminated, and no new cases can be initiated.
• Exceptions to the Act (Section 5): The Act does not apply to ancient and historical monuments, archaeological sites, and remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The Act does not extend to the specific place of worship known as Ram Janmabhoomi-Babri Masjid in Ayodhya, including any legal proceedings associated with it.

3. Western Equine Encephalitis outbreak in Argentina

Context: On December 20, 2023, the International Health Regulations National Focal Point (IHR NFP) in Argentina alerted the Pan American Health Organization/World Health Organization (PAHO/WHO) of a human case of Western Equine Encephalitis Virus (WEEV) infection.

Details:

• The present outbreak also comes in the context of an ongoing outbreak in horses in Argentina and Uruguay. Multiple outbreaks and human cases of Western Equine Encephalitis have been reported in the past from the U.S. and Canada and over 3,000 cases of infection have been reported over these years.
• Western Equine Encephalitis is a mosquito-borne infection caused by the Western Equine Encephalitis Virus (WEEV), which belongs to the Togaviridae family of viruses. Passerine birds are thought to be the reservoir and equine species as intermediate hosts. The primary mode of transmission of the infection to humans is through mosquitoes which act as vectors for the virus.
• Since December 2023, there have been 374 laboratory-confirmed cases of WEEV infections in animals in Argentina and Uruguay, and an additional 21 human cases in Argentina. In Argentina, there have been 1,258 cases of infections in animals in 15 provinces, with the province of Buenos Aires having the highest number of cases. In Uruguay, there have been 56 cases of Western Equine Encephalitis Virus in equines, with no reported human infections.

4. Britain, Italy, Finland pause funding for UN agency in Gaza

Context: Britain, Italy and Finland on January 27 became the latest countries to pause funding for the United Nations’ refugee agency for Palestinians, the UNRWA, following allegations its staff were involved in the October 7 Hamas attacks on Israel.

Details: 

• Set up to help refugees of the 1948 war at Israel’s founding, UNRWA provides education, health and aid services to Palestinians in Gaza, the West Bank, Jordan, Syria, and Lebanon. It helps about two-thirds of Gaza’s 2.3 million population and has played a pivotal aid role during the current war.
• The United States, Australia and Canada had already paused funding to the aid agency after Israel said 12 UNRWA employees were involved in the cross-border attack. The agency has opened an investigation into several employees who severed ties with them.

UN Relief and Works Agency (UNRWA)

• It is a United Nations agency established by the General Assembly in 1949. It supports the relief and human development of Palestinian refugees across its five fields of operation. 
• Its services encompass education, health care, relief and social services, camp infrastructure and improvement, protection and microfinance.
• Its mission is to help Palestine refugees in Jordan, Lebanon, Syria, West Bank, including East Jerusalem and the Gaza Strip. It is funded almost entirely by voluntary contributions and financial support. 
• Palestine refugees are defined as persons whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948, and who lost both home and means of livelihood as a result of the 1948 conflict.

G. Tidbits

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Q1. Consider the following statements with regard to the National Assessment 
and Accreditation Council:

Q2. Consider the following statements with regard to ISRO’s POEM (PSLV 
Orbital Experimental Module):

Q3. Consider the following missions to Mars with their respective nations:

Q4. Consider the following statements with regard to seaweed:

Q5. Recently, a series of uprisings of people referred to as ‘Arab Spring’ 
originally started from

I. UPSC Mains Practice Questions

1. Border management is a complex task due to difficult terrain and hostile relations with some countries. In light of the above statement, examine the jurisdiction of the Border Security Force (BSF). (250 words, 15 marks)  (General Studies – III, Internal Security)​
2. Rising advancements in nuclear energy have their advantages but pose several challenges. Discuss. (250 words, 15 marks)  (General Studies – III, Science and Technology)​

Read previous CNA articles here.​​