Model Answer

GS2

Indian Polity

15 marks

Investigative agencies play an important role in combating economic crimes, but their powers must remain subject to constitutional safeguards. Discuss the concerns surrounding their functioning and suggest measures to ensure accountability.

Investigative agencies such as the ED and CBI combat serious economic crimes. However, the Karnataka High Court's observation that the ED is "not a super cop" highlights the need for legal limits and accountability.

Major Concerns

  1. Excessive powers raise concerns over arbitrary arrests and searches under the PMLA.
  2. Due process may be weakened by stringent bail conditions and prolonged detention.
  3. Federalism concerns arise when central agencies investigate matters involving state police jurisdiction.
  4. Jurisdictional overreach may occur when agencies act beyond statutory authority. e.g: Karnataka HC ruling on ED's role in predicate offences (2026).
  5. Political misuse allegations can undermine institutional credibility.
  6. Transparency gaps in investigations weaken public accountability.
  7. Individual liberty may suffer from coercive investigative practices.

Need for Safeguards

  1. Judicial oversight must ensure arrests and investigations follow legal procedures. e.g: Pankaj Bansal case (2023) mandated written grounds of arrest.
  2. Statutory limits should prevent agencies from exceeding their jurisdiction.
  3. Federal cooperation must respect the responsibilities of state police.
  4. Independent supervision should strengthen institutional accountability.
  5. Procedural safeguards must protect constitutional rights under Articles 14 and 21.
  6. Time-bound investigations should prevent prolonged uncertainty and harassment.
  7. Officer accountability must address proven misconduct and abuse of authority.
  8. Parliamentary scrutiny should strengthen transparency in agency functioning.

Effective investigation and constitutional safeguards must complement each other. Strong agencies require clear legal authority, judicial supervision and accountability to maintain public trust.

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