Score:
9/15
Analyze what earned this score 🔥
Topper’s Copy
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.
Student’s Answer
Evaluation by SuperKalam
Demand of the Question
- Why investigative agencies matter for tackling economic crimes
- Major concerns around how these agencies currently function
- How to ensure accountability and protect constitutional safeguards
What you wrote:
Recently, the Karnataka High Court has flagged that "ED is not a super cop" highlighting the need to balance investigative powers with constitutional safeguards.
Recently, the Karnataka High Court has flagged that "ED is not a super cop" highlighting the need to balance investigative powers with constitutional safeguards.
Suggestions to improve:
- You can add one short sentence explaining how specialised agencies trace complex financial transactions, uncover laundering networks and recover proceeds of crime.
- Briefly explain the opening example: in Y.B. Ashwathanarayana v. Union of India, the Karnataka High Court clarified that the Enforcement Directorate’s powers under the Prevention of Money Laundering Act depend on a surviving underlying offence, rather than an unrestricted power to investigate everything.
What you wrote:
Major concerns surrounding their functioning
1) Excessive power to investigate, arrest and search under PMLA leads to arbitrary action. eg S.19 of PMLA empowering arrest.
2) Weakening of due process. and A.21:-
- stringent bail provision against presumption of innocence.
3) Federalism concerns: Central agencies investigating state level matters may create friction.
eg WB withdrew general consent to CBI
4) Jurisdictional overreach can hamper separation of powers and checks and balances.
5) Low conviction rates also weakens the justification of Act.
6) Political misuse affect institutional neutrality and erodes democratic ethos.
7) Lack of transparency regarding investigation procedures and reasons for prolonged investigation is weakening public accountability and A.21 fast trial
8) Threat to individual liberty through coercive questioning and repeated cross-examination.
Major concerns surrounding their functioning
1) Excessive power to investigate, arrest and search under PMLA leads to arbitrary action. eg S.19 of PMLA empowering arrest.
2) Weakening of due process. and A.21:-
- stringent bail provision against presumption of innocence.
3) Federalism concerns: Central agencies investigating state level matters may create friction.
eg WB withdrew general consent to CBI
4) Jurisdictional overreach can hamper separation of powers and checks and balances.
5) Low conviction rates also weakens the justification of Act.
6) Political misuse affect institutional neutrality and erodes democratic ethos.
7) Lack of transparency regarding investigation procedures and reasons for prolonged investigation is weakening public accountability and A.21 fast trial
8) Threat to individual liberty through coercive questioning and repeated cross-examination.
Suggestions to improve:
- You could group overlapping points into three clusters: misuse of coercive powers, institutional and federal concerns, and delays affecting liberty. Retain a clear explanation of each concern.
- Link conviction outcomes to investigation and prosecution quality, rather than directly questioning the justification of the Act. Explain how weak cases can impose serious costs on accused persons.
- Add a judicial limit beside jurisdictional overreach: in Vijay Madanlal Choudhary v. Union of India, the Supreme Court held that money-laundering proceedings cannot continue when the underlying scheduled offence is quashed or the person is discharged or acquitted of it.
What you wrote:
Measures to ensure accountability:-
1) Judicial oversight:- to ensure investigative powers are within statutory limits and
constitutionally morale.
2) Clear statutory limits to avoid jurisdictional overreach.
3) Federal cooperation to promote coordination with state police.
- Restore general consent to CBI.
4) Independent supervision: to prevent political interference.
5) Procedural safeguards to comply with A.14. and A.21
- DK Basu guidelines against custodial abuse.
6) Time bound investigation to prevent harrasment and personal liberty.
78) Officer accountability to prevent abuse of powers and ensure institutional trust.
Measures to ensure accountability:-
1) Judicial oversight:- to ensure investigative powers are within statutory limits and
constitutionally morale.
2) Clear statutory limits to avoid jurisdictional overreach.
3) Federal cooperation to promote coordination with state police.
- Restore general consent to CBI.
4) Independent supervision: to prevent political interference.
5) Procedural safeguards to comply with A.14. and A.21
- DK Basu guidelines against custodial abuse.
6) Time bound investigation to prevent harrasment and personal liberty.
78) Officer accountability to prevent abuse of powers and ensure institutional trust.
Suggestions to improve:
- Make supervision concrete through an independent complaints mechanism, review of alleged misconduct and disciplinary action after findings. This can give your accountability proposal a clear process.
- Replace blanket restoration of consent with agreed coordination protocols between the Central Bureau of Investigation and state police, while respecting applicable consent requirements.
- Strengthen the safeguards point with Pankaj Bansal v. Union of India, where the Supreme Court required written grounds of arrest under Section 19 of the Prevention of Money Laundering Act. Briefly explain that D.K. Basu v. State of West Bengal laid down safeguards against custodial abuse, including arrest documentation and informing a relative or friend.
What you wrote:
Investigative agencies need to ensure effective investigation of economic crimes in line with accountability and can be achieved through cooperative federalism, rule of law and transparency.
Investigative agencies need to ensure effective investigation of economic crimes in line with accountability and can be achieved through cooperative federalism, rule of law and transparency.
Suggestions to improve:
- You can close by stressing that effective investigation requires lawful powers and fair procedures, rather than unrestricted discretion.
- Link your concluding values to one institutional measure, such as enforceable procedural safeguards backed by independent review. Keep the closing to two crisp sentences.
What works: The answer has a clear concerns-and-measures structure, relevant legal references and useful coverage of liberty, federalism and political neutrality.Revision priorities: Explain agencies’ importance, distinguish overlapping concerns, and turn broad accountability proposals into specific mechanisms supported by judicial safeguards.
Demand of the Question
- Why investigative agencies matter for tackling economic crimes
- Major concerns around how these agencies currently function
- How to ensure accountability and protect constitutional safeguards
What you wrote:
Recently, the Karnataka High Court has flagged that "ED is not a super cop" highlighting the need to balance investigative powers with constitutional safeguards.
Recently, the Karnataka High Court has flagged that "ED is not a super cop" highlighting the need to balance investigative powers with constitutional safeguards.
Suggestions to improve:
- You can add one short sentence explaining how specialised agencies trace complex financial transactions, uncover laundering networks and recover proceeds of crime.
- Briefly explain the opening example: in Y.B. Ashwathanarayana v. Union of India, the Karnataka High Court clarified that the Enforcement Directorate’s powers under the Prevention of Money Laundering Act depend on a surviving underlying offence, rather than an unrestricted power to investigate everything.
More Challenges
View All- View Challenge
GS3
Economy
Yesterday
Ten years after demonetisation, cash in circulation remains high, while digital payments have grown significantly. Examine the major achievements and limitations of demonetisation in India.
- View Challenge
GS4
Ethics: Theory
8 Nov, 2026
Can an action be considered ethical if it achieves a good outcome through morally questionable means? Discuss with suitable examples.
- View Challenge
GS3
Economy
7 Nov, 2026
Why are Indians increasingly investing in foreign markets? Discuss the implications of rising overseas investments for the Indian economy.
SuperKalam is your personal mentor for UPSC preparation, guiding you at every step of the exam journey.
Download the App
STUDY RESOURCES
CONTACT US
ⓒ Snapstack Technologies Private Limited