Mains Answer Writing
Concept Mapping Mentorship- Covering Syllabus Through Themes
- GS & Optional
What are the key issues and challenges associated with the Enforcement Directorate's (ED) powers under the Prevention of Money Laundering Act (PMLA)? Discuss the implications of these challenges for effective investigation and prosecution of money laundering cases in India. DUMMY
Category: Political Science & International Relations (Optional),
Test Date: 13 Jul 2024
Approach:
- Introduction: Brief overview of the ED's role in combating money laundering and recent Supreme Court decisions
- Challenges associated with ED's powers under PMLA:
- Discretionary power to arrest without warrant: Concerns regarding judicial scrutiny and "need and necessity" for arrest
- Disparity in ED's statistics: Arrests, searches, and prosecution complaints; implications for ED's policy on arrests
- Other issues: Potential misuse of powers, lack of transparency, and accountability mechanisms
- Implications for investigation and prosecution:
-
- Effective investigation: Impact of ED's powers on gathering evidence, cooperation from accused, and trial outcomes
- Prosecution challenges: Difficulty in proving money laundering cases, need for robust evidence, and witness protection
- Discuss role of courts in balancing individual rights with investigative needs
- Conclusion: Way forward to strengthen ED's powers while ensuring accountability and protecting individual rights
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