India-Bangladesh Border Fencing Delays: Judicial Scrutiny and Federal Challenges

Indian Express - Explained · 29 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court and Calcutta High Court have raised concerns over delays in fencing the India-Bangladesh border due to land acquisition issues in West Bengal, highlighting national security risks from illegal immigration and cross-border crimes.

Key points

Supreme Court's intervention: A five-judge Constitution Bench in December 2023 examined Section 6A of the Citizenship Act, 1955, while seeking status updates on border fencing completion timelines from the Centre.

Land acquisition delays: The Union Home Secretary's affidavit revealed 78% of West Bengal's 2,216.7 km border with Bangladesh is fenced, but 435.504 km remains unfenced due to land acquisition issues, with 286.35 km pending specifically due to state government delays.

West Bengal's land policy: The state's Direct Land Purchase Policy has been criticized by the Centre for causing 'considerable delays' in national security projects like border fencing.

Calcutta High Court PIL: A petition by former Deputy Army Chief Subrata Saha highlighted rising cross-border crimes (1,547 infiltrations in 2023, 1,694 in 2024) and narcotics seizures (4,988 kg worth ₹43,197 lakh in 2023) along unfenced sections.

Federal coordination gap: Despite compensation payments for 198.252 km of land, only 70.925 km has been handed to BSF, exposing intergovernmental coordination failures in critical security infrastructure.

[GS3-Security] The unfenced border enables transnational threats like drug trafficking and fake currency networks, directly impacting internal security parameters measured under GS3.

[GS2-Federalism] The case exemplifies center-state tensions in implementing national security projects, testing cooperative federalism principles under India's constitutional framework.

Judicial directives: The Calcutta High Court on January 27, 2026 categorised pending land transfers and rejected West Bengal's 'Special Intensive Revision' procedural excuse as invalid for delaying fencing.

Technological solutions: The Centre plans to complement physical fencing with technological surveillance systems within two years, indicating a multi-layered border security approach.

Way Forward: Establish a dedicated intergovernmental task force with timeline-bound mandates for land transfer, amend the Direct Land Purchase Policy to include national security exemptions, and implement real-time monitoring of fencing progress through GIS mapping.

Key terms

Section 6A of Citizenship Act

A controversial provision inserted in 1985 granting citizenship to immigrants who entered Assam before January 1, 1966. Its constitutional validity is under Supreme Court scrutiny for potentially violating Article 14 (equality) by creating differential treatment based on cut-off dates.

Direct Land Purchase Policy

West Bengal's state-specific land acquisition mechanism requiring voluntary sales rather than compulsory acquisition under central laws like RFCTLARR Act 2013. Its procedural complexity slows strategic projects despite provisions for national security exemptions under Section 10A of RFCTLARR.

India-Bangladesh Border (IBB)

The 4,096 km international boundary spanning five Indian states, characterized by porous riverine segments. Classified as a 'strategic border' under BSF's mandate, its incomplete fencing enables illegal migration, affecting demographic balance in border states - a key concern for GS2 Polity and GS3 Security.

Border Security Force (BSF)

India's primary border guarding force for IBB, empowered under BSF Act 1968 with 50 km jurisdiction in border states. Its operational effectiveness depends on physical infrastructure like fencing, making it a critical stakeholder in border management discussions under GS3 Security.