#Kolkata: Would it be sustainable if there was a state law on BSF “power” issue? How effective will that law be? In the current wind, the question of the general public is the same now. Looking for the future of law is coming to the fore in multiple issues. Legislation may be enacted on any matter in the interest of the State. There is no obstacle in the constitution that the state can walk that path. Says constitutional experts.
However, let us assume that there is a law in the state on the same subject as the law of the center. In this case, a dispute between the two laws is bound to arise. Article 254 of the constitution says that in this case the law of the center will be effective and not the state. The Center had recently issued guidelines stating that the BSF would be able to operate in the state within 15 km and not within 50 km of the border. This means that the Border Security Force will be able to carry out operations anywhere within 50 kilometers of the international border.
The international border of the state is the Bangladesh border, what would it mean for BSF to enter within 50 km from there. Kochbihar, North Dinajpur, South Dinajpur, Murshidabad, Malda, Nadia, North 24 Parganas. Law and order is the poison of the entire state, and the center cannot swallow it.
If the BSF raids large areas of the district without the permission of the state, the risk of creating law and order problems cannot be ruled out. The state has already opposed the decision and sent a strong letter to the Center. On Friday, the information came to the fore in the assembly on November 18. What will be the future of the BSF if the state walks on the path of making laws with jurisdiction over the state?
According to retired Justice Samresh Banerjee, the BSF Act is a central law. The state can make new laws on the same subject. However, the consent of the Governor is not sufficient for this Act. In that case the approval of the President is required. It will be effective only if the President agrees to the law made by the state. However, that effectiveness will be limited to the state. But if the president of the country does not give permission, then the law of that state has no future. Justice Banerjee said that the matter has been clarified in Article 254, Sub-section 2 of the Constitution. The majority of the Trinamool Congress in the Assembly is sufficient. So even if the bill is passed, the future of the new law of the state is hidden with the permission of the President.