Is India’s Fight Against Corruption Turning into a Political Weapon?
The Election Commission, investigative agencies like ED and CBI, and the legal architecture are designed to
ensure free and fair democracy. However, recent trends indicate that enforcement actions are disproportionately
targeting opposition parties, raising doubts about institutional neutrality. This is not just a political debate—it
challenges the foundational principles of the Constitution: equality, liberty, and fairness.
Is the Political Battlefield Overtaking the Constitutional Playing Field?
• The editorial highlights a disturbing trend: agencies are acting less like independent institutions and more
like instruments of executive power.
1. Does Targeting Opposition Violate Equality Before Law? (Article 14)
• Article 14 guarantees equality and non-arbitrariness.
• Selective action against opposition leaders fails the test of fairness laid down in E.P. Royappa v. State of
Tamil Nadu (1974):
• “Equality is antithetical to arbitrariness.”
• Value Addition: E.P. Royappa and Maneka Gandhi v. Union of India (1978) strengthen due process
against arbitrary state action.
2. Is Political Freedom Being Choked?
• Article 19(1)(a) & 19(1)(c): Freedom of speech and association.
• Article 21: Personal liberty and due process.
• Arbitrary arrests and raids during elections hamper the right to political participation.
• Judgment: Maneka Gandhi (1978) → Expanded Article 21 to include fairness and reasonableness.
• Justice K.S. Puttaswamy (2017) → Right to Privacy & proportionality principle applies to raids and
surveillance.
3. Does the Executive Overshadow Federalism? (Articles 75, 164 & 239AA)
• Articles 75 & 164: Mandate collective responsibility of the council of ministers; not unilateral executive
dominance.
• Article 239AA: Special provisions for Delhi.
• Recent ED/CBI actions in Delhi underline Centre–State tension, violating the spirit of cooperative
federalism.
• Judgment: NCT of Delhi v. Union of India (2018) → Strengthened State executive control in Delhi.
4. Are Legislative Privileges Being Compromised? (Articles 105 & 194)
• These Articles protect freedom of speech in Parliament and State Legislatures.
• Raids on legislators during sessions → Potential violation of legislative privilege and basic structure
doctrine.
5. Is the Right to Remedy Effective? (Articles 32 & 226)
• Article 32: Right to move Supreme Court for enforcement of fundamental rights.
• Article 226: High Courts’ power to issue writs.
• Frequent judicial interventions indicate erosion of institutional self-regulation.
• Judgment: Rameshwar Prasad v. Union of India (2006) → Struck down arbitrary dissolution of
Assemblies, reaffirming judicial review.
Key Judgments to Reflect On
• Indira Gandhi v. Raj Narain (1975) → Free and fair elections are part of the basic structure.
• E.P. Royappa (1974) → Equality ≠ arbitrariness.
• Maneka Gandhi (1978) → Due process under Article 21.
• K.S. Puttaswamy (2017) → Privacy & proportionality principle.
• Rameshwar Prasad (2006) → Judicial review on arbitrary executive actions.
• S.R. Bommai (1994) → Misuse of power to dismiss state governments = unconstitutional.
Value Additions: Why Should This Worry Us?
• Basic Structure Doctrine: Kesavananda Bharati (1973) – Neutrality of institutions is non-negotiable.
• Global Models:
• UK → Independent Parliamentary Standards Authority (IPSA) ensures financial ethics.
• USA → Special Counsel mechanism under DOJ for political neutrality.
• Indian Examples: CAG during coal scam retained credibility because of institutional independence.
How Do We Restore Faith in Institutions?
1. Legislative Safeguards
• Amend Prevention of Money Laundering Act (PMLA) to ensure parliamentary oversight of ED/CBI.
• Introduce fixed tenure & removal safeguards for agency heads (like CVC model).
2. Judicial Oversight
• Fast-track benches for politically sensitive cases during elections to avoid selective delays.
3. Strengthening Federalism
• Institutionalize Inter-State Council (Article 263) to deliberate on Centre–State agency coordination.
4. UK-Style Independent Accountability
• Adopt a statutory body similar to UK IPSA for oversight of financial integrity in politics.
5. Transparent Appointment Mechanism
• Collegium-type model for appointing ED/CBI chiefs to avoid executive dominance.
6. Digital Transparency
• Mandatory public disclosure of ongoing investigations with judicial approval to prevent misuse.
Is Neutrality a Luxury or a Necessity?
Democracy survives not on laws alone but on institutional trust. When agencies appear as political weapons rather
than guardians of justice, the Constitution’s soul is at stake. A democracy without credible institutions is not a
democracy—it’s a façade. Restoring institutional neutrality is the true fight against corruption.
