Powers Of The Enforcement Directorate Under The Prevention of Money Laundering Act, 2002: A Doctrinal And Constitutional Analysis

Pallavi G; Mohd Tauheed Khan

Powers Of The Enforcement Directorate Under The Prevention of Money Laundering Act, 2002: A Doctrinal And Constitutional Analysis

Author(s)	Ms. Pallavi G, Dr. Mohd Tauheed Khan
Country	India
Abstract	Money laundering is a major global challenge disrupting the stability of financial systems and supporting the existence of numerous kinds of organized crimes and corruption as well as other criminal economic operations. To deal with this increasing issue, India passed the Prevention of Money Laundering Act, 2002 (PMLA) which offers an adequate legal basis on how to prevent the laundering of funds acquired as a result of criminal offences and also provisions on how to seize such illegal funds. The main agency that acts upon the provisions of the Act and investigates the offence connected with money laundering is the Enforcement Directorate (ED). The PMLA gives the ED wide powers such as the power to investigate, search and seize, arrest persons, freeze properties suspected to be the proceeds of a crime and order persons to be examined. Although these powers are supposed to enhance the enforcement machine in case of economic crimes, they have also brought serious constitutional issues. Matters associated with equality before law, a right against self-incrimination, personal liberty and procedural fairness have been extensively discussed in the juridical and scholarly literature. The current research paper is a doctrinal study of the statutory powers of Enforcement Directorate by the PMLA and how they fit in the basic rights stipulated by the Constitution of India. The research also examines notable court rulings that have deciphered these provisions and have influenced the legal system that governs the process of investigating money laundering. The paper concludes that though the strong enforcement power is required in order to effectively counter the crimes related to finance, it is as well crucial to see to it that the same is exercised in a transparent, accountable, and constitutional manner.
Keywords	Prevention of Money Laundering Act (PMLA), Enforcement Directorate, Money Laundering, Constitutional Law, Fundamental Rights, Economic Offences.
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-04-16

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Powers Of The Enforcement Directorate Under The Prevention of Money Laundering Act, 2002: A Doctrinal And Constitutional Analysis

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