The question of whether the Enforcement Directorate can file writ petitions before constitutional courts is a big deal now. This is because courts are taking a look at what investigative agencies like the Enforcement Directorate are doing. The main problem is where the Enforcement Directorate fits into the system of government. It is, about law and constitutional remedies and how power is divided between different parts of the government. The Enforcement. Its ability to file writ petitions before constitutional courts is something that is being talked about a lot.

Constitutional Position on Writ Jurisdiction

• Articles 32 and 226 empower the Supreme Court of India and High Courts to issue writs primarily for the enforcement of fundamental and legal rights.
• People usually think of writ jurisdiction as a way to help citizens. It is supposed to protect individuals from the government when it does something. The main idea of writ jurisdiction is to keep the state from being too powerful and to make sure it treats citizens fairly. Writ jurisdiction is really about looking out for the citizens and making sure they are safe from state excesses.
• The government is usually the one that has to respond to something, in court, not the one that starts the court case. Government authorities are typically the respondents, not the ones who file a petition.

Can the ED Approach Courts via Writs?

• There is no ban on state agencies when it comes to filing writ petitions. State agencies can file writ petitions.
• Courts have in some cases let agencies go to writ courts for a specific reasons, such, as: certain situations where agencies can ask writ courts for help
• The courts will only do this when it is really necessary. Agencies can go to writ courts when they need to.
• Seek clarification of law affecting statutory functioning.

We need to challenge the orders made by judges or other people with authority when these orders are thought to limit the legal powers that we have. This means we have to question the decisions that judges or other legal officials make when they try to reduce the power of the law. We should challenge orders that allegedly impair our legal powers.

• Address jurisdictional errors impacting investigations.

Judicial Reasoning and Safeguards

The courts look at each case to see if it is worth hearing. They do this for every case that comes before them. The courts decide if a case is maintainable, on its merits so they assess each one individually.

Some important things to think about are:

• Whether alternative remedies are available.
• I want to know if the agency is using writs as a way to get around the procedures that are supposed to be followed. Are they using writs to bypass these procedures?
• There is a risk that things can go far and that will hurt the rights of each person. The risk of overreach is a concern because it could dilute individual rights and that is not good. Individual rights are very important. Overreach can dilute individual rights.

Administrative and Governance Implications

• Pros

• Ensures institutional clarity and uniform interpretation of law.
• Prevents administrative paralysis due to conflicting orders.
• Cons

• May invert the rights-protective nature of writ jurisdiction.
• Risks normalising state-led writ litigation against citizens.

Way Forward

• Clear judicial guidelines on maintainability.
• Preference for statutory appeals and revisions.
• Strict scrutiny to prevent procedural misuse.

While the ED can file writ petitions in exceptional circumstances, routine recourse would undermine constitutional design. A balanced, restrained approach preserves both effective enforcement and civil liberties.

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About the Author: Jyoti Verma