Why in the News
- The Supreme Court of India questioned whether the Enforcement Directorate should remain “remediless” after alleged obstruction of its investigation by West Bengal authorities during a search at I-PAC (Jan 2026).
Background of the Case
- ED was conducting a probe related to a ₹2,742 crore coal smuggling case.
- Allegation: Mamata Banerjee and police interfered with ED search operations.
- ED filed a petition seeking: CBI probe into the incident.
Core Legal Issue
Can ED approach Supreme Court under Article 32?
Arguments by West Bengal Government
- ED is not a “person” under: Article 32 of the Indian Constitution
- Therefore, Cannot claim fundamental rights violation
Federalism Concern:
- Allowing ED to file under Article 32 may:
- Undermine State autonomy
- Lead to Centre vs State litigation flood
Arguments by ED / Centre
- Obstruction of investigation: Undermines rule of law
- Situation unprecedented: Requires judicial remedy
- Question raised: Should an agency be left without any legal recourse?
Supreme Court’s Observations
- Law cannot allow a vacuum (no remedy)
- If such actions go unchecked: Could set a dangerous precedent
- Raised key question: Can ED approach:
- SC under Article 32
- OR High Court under Article 226?
Key Constitutional Provisions Involved
- Article 32: Right to move SC for enforcement of fundamental rights
- Traditionally available to: Individuals (natural/legal persons)
Article 226
- High Courts can issue writs: For fundamental rights + other legal rights
- Wider scope than Article 32
Article 131
- SC’s original jurisdiction
- Deals with: Centre vs State disputes
Key Constitutional Concepts
1. Federalism (Basic Structure)
- States are not subordinate to Centre
- Balance of power must be preserved
2. Locus Standi
- Who has the right to approach the court
- Issue: Can a statutory agency (ED) file writ petitions?
3. Rule of Law
- No authority should be:
- Above law
- Nor left without remedy
| [2012] Which of the following are included in the original jurisdiction of the Supreme Court? 1. A dispute between the Government of India and one or more States 2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State 3. A dispute between the Government of India and a Union Territory 4. A dispute between two or more States Select the correct answer using the code given below: (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 4 only (d) 3 and 4 only |
