Constraints by Judiciary: Reviewing Enforcement Directorate Role and its lessons for SDG 16

Abstract

This article will focus on Goal 16 of UN’s Sustainable Development Goals (Peace, Justice and Strong Institutions)[1] and how Judicial Adjudication of Constitutional Courts in the Indian Context is intricately connected to achieve justice. This article analyses the working of criminal investigating agency of Directorate of Enforcement (here after will be referred to as ED) and whether judicial intervention has made it more accountable. ED is a part of the executive arm of the State that also investigates offences under the central statute of Prevention of Money laundering Act, 2002 (hereinafter referred to as PMLA). Hence, this article will; first, the implication of ED exercising different powers in different states. Second, to analyse the situations of ED exercising its power in the absence of a scheduled offence. Third, evaluate the operations of ED beyond the definition of money laundering. Fourth, to outline the apex court intervention in curbing ED power to make arbitrary arrest.    It is argued that laying down of the correct legal position by Indian Constitutional Courts can be used as a highly effective tool for ensuring the creation and sustenance of strong democratic institutions in India. By way of Constitutional Interpretation and application of constitutional standards, the Judicial Branch can greatly curtail executive excesses and ensure fair & transparent governance, thereby protecting the interests of the citizens