In the vast and complicated landscape of India’s democratic apparatus, institutions are meant to serve as sentinels of public accountability. Among these, the Enforcement Directorate (ED) was designed to act as a financial watchdog—investigating and prosecuting economic offences and money laundering. But what happens when the watchdog begins to bark selectively, or worse, on political command?
Over the last decade, the ED has morphed from a specialised financial probe agency into a symbol of state intimidation. Its record of actual convictions pales in comparison to its prolific press releases and dramatic televised raids. With selective urgency and unconvincing outcomes, the ED is increasingly being seen not as an instrument of justice, but of political strategy.
ED and the Politics of Selective Alarm
The ED’s stated purpose is to enforce two key laws—the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA). In a democracy with a ballooning economy and rampant financial irregularities, one would assume the ED has its hands full across the political spectrum. Yet, under the current regime, its glare is disproportionately focused on opposition leaders and dissenting voices.
Between 2005 and 2014, the ED conducted 112 raids under the PMLA. But in just nine years since 2014, that number has ballooned to over 3,000. Notably, over 95% of those targeted under the PMLA are opposition leaders, activists, or bureaucrats seen as inconvenient to the current dispensation.
The sequence is predictable: An opposition leader announces a protest, criticises a policy, or grows in popularity—soon after, a raid follows. Accusations are flashed in the media, reputations take a beating, but months later, silence or acquittal. The process becomes the punishment.
Conviction as Footnote
One of the starkest revelations about the ED is the dismal rate of convictions. Since the PMLA came into force in 2002, the ED has secured just 25 convictions till 2023, despite registering over 5,400 cases. That’s a conviction rate of less than 0.5%.
Contrast this with the Central Bureau of Investigation (CBI), another federal probe agency, whose conviction rate hovers around 65%. In the ED’s case, arrests and property seizures appear to be the end goal—not convictions or closure.
Everyday Harassment, Extraordinary Cost
Beyond headlines, the ED’s functioning leaves ordinary citizens entangled in bureaucratic hell. Small-time businessmen, bank clerks, regional political workers, and even retired government employees are summoned, questioned, and in many cases, subjected to coercive measures without substantial evidence.
The trauma is layered: family stigma, loss of employment, frozen bank accounts, and legal fees that can decimate life savings. For those outside the protection of political power, being in the ED’s crosshairs often means a long, costly road to nowhere.
The ED-BJP Nexus: Enforcement as Electoral Tool
The use of ED as a political tool by the Bharatiya Janata Party (BJP) has now become part of the national political vocabulary. The phenomenon even has a pattern—ED cases and summonses against opposition leaders often vanish once the accused switches political allegiance and joins the BJP.
Consider this: Suvendu Adhikari, Himanta Biswa Sarma, Narayan Rane, Mukul Roy—all had pending cases or ED inquiries before they joined the BJP. After their defection, the investigative heat either cooled or evaporated entirely. This political laundering has created an ecosystem where the ED appears more like a political consultancy than a law enforcement agency.
At the state level, the pattern repeats. In Maharashtra, the ED was activated against Shiv Sena and NCP leaders during the Uddhav Thackeray government’s tenure. After the Eknath Shinde split and a new government was formed with BJP support, many cases went cold.
Even regional parties are wary of the ED’s omnipresence. In Bihar, after Chief Minister Nitish Kumar returned to the BJP-led NDA, there was a perceptible dip in the agency’s activity in the state. In Jharkhand, ED summonses and raids against CM Hemant Soren and his associates intensified following his resistance to BJP’s political overtures.
Weaponising Process, Not Justice
The ED’s power under the PMLA is immense—and growing. It can arrest without an FIR, hold suspects for longer periods without formal charges, and deny them a copy of the Enforcement Case Information Report (ECIR). The Supreme Court, in July 2022, upheld these powers, sparking concerns from civil liberties groups about the erosion of fundamental rights.
Unlike other criminal probes, in ED cases, the burden of proof is reversed. The accused must prove their innocence, not the state their guilt. This legal architecture makes the ED one of the most potent tools in the ruling party’s arsenal—not for justice, but for domination.
Public Trust Erodes, But That May Be the Point
As the ED grows in prominence, public trust in the agency’s independence erodes. Poll after poll shows rising cynicism about the credibility of government institutions, particularly investigative agencies. For a nation that prides itself on democratic institutions, this is a dangerous trajectory.
The irony is hard to miss. In a decade that saw slogans like “Minimum Government, Maximum Governance”, agencies like the ED are not just bigger and more muscular—they’ve become the preferred route to governance through intimidation. Even the mere mention of an ED summons is enough to bring public figures and institutions to heel.
Conclusion: The Chilling Effect
The Enforcement Directorate was envisioned as a specialist agency to tackle complex financial crimes. But it has been repurposed—if not reprogrammed—to act as the long arm of a political machine. Its real success lies not in courtrooms, but in headlines and the fear it invokes.
In this chilling era of governance, where the fear of being raided outweighs the need for justice, India must ask itself: Who watches the watchdogs?
Because when law becomes an instrument of power instead of protection, it is not corruption alone that spreads—but fear, silence, and eventually, submission.
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