Note4Students
From UPSC perspective, the following things are important :
Prelims level: Enforcement Directorate (ED)
Mains level: Controversies associated with the Jurisdiction of CBI, ED
In the News:
- The Supreme Court witnessed a clash between the Tamil Nadu government and the Directorate of Enforcement (ED) concerning the jurisdiction of the ED to probe “illegal” sand mining activities in the state.
- TN contested the ED’s authority to investigate sand mining under the Prevention of Money Laundering Act (PMLA), asserting that sand mining offenses were not scheduled under the PMLA.
Why did the ED step in?
- Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
- Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
- This will be done to find out if any laundering has taken place.
About Enforcement Directorate (ED)
Details | |
Establishment | May 1, 1956
Initially set up as an ‘Enforcement Unit’ |
Nodal Agency | Department of Revenue, Ministry of Finance |
Jurisdiction | Nationwide |
Functional Focus | Economic and financial offenses including money laundering, foreign exchange irregularities |
Investigative Powers | Attachment, confiscation, and arrest
Conduct raids and searches Summon and question individuals |
Collaboration | Coordinates with various agencies (CBI, local police) and banks |
Reporting Authority | Department of Revenue, Ministry of Finance |
Corruption Investigations | Has a separate Economic Offenses Division |
Notable Cases | Vijay Mallya extradition
PNB fraud case Augusta Westland VVIP chopper scam |
International Cooperation | Works with international law enforcement for cross-border investigations (Interpol, FATF) |
Public Interface | Accepts complaints and information regarding economic offenses |
Transparency and Accountability | Regular reports to the Ministry of Finance; subject to oversight by judiciary and government bodies |
Legal Authority of the ED
Description | |
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974 | To sponsor cases of preventive detention related to contraventions of FEMA. |
Foreign Exchange Management Act (FEMA), 1999 | ED to investigate suspected contraventions of foreign exchange laws and regulations, adjudicate and impose penalties, and
Trace assets derived from proceeds of crime. |
Prevention of Money Laundering Act (PMLA), 2002 | ED to investigate, trace assets derived from proceeds of crime, provisionally attach property, and
Ensure prosecution and confiscation by Special Court (PMLA Court under Section 4 of PMLA). |
Fugitive Economic Offenders Act (FEOA), 2018 | ED to enforce provisions related to attachment and confiscation of properties belonging to FEOs who have fled India to evade the legal process. |
Also read:
[Burning Issue] Enforcement Directorate (ED): Dreaded nightmare of Indian Politicians & Businessmen
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024