Executive agencies, working as the watchdog against impropriety, are vital to act against the corrupt; however, pandering to vested interests may have the effect of turning the idea of rule of law on its head. Comment, with special reference to the various controversies associated with the Enforcement Directorate (ED).
Introduction
Executive agencies act as an instrument of state to ensure the rule of law and prevent corruption, crime and terrorism in country.
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Main Body
Executive agencies act as an instrument of state to ensure the rule of law and prevent corruption, crime and terrorism in country. Executive agencies provide expertise to the government action while acting against violators of law. Agencies like CBI, NIA, EB, NCB are backbone of law enforcement and corruption prevention in the country. They are given special powers by the law to investigate and prosecute corrupt civil servants and government members. But since their inception these agencies have been used as an
political tool by the ruling government against its political opponents and civil society. When executive agencies act in improper manner pandering to vested interests of the ruling party, it results in erosion of trust and loss of legitimacy in the minds of citizens. It affects the professionalism and efficiency of the agencies attach their primary goal of prevention of corruption. Other than preventing corruption, it promotes corruption through the blurred gap between ruling party and investigation offices. By applying the law in a biased way, it violates the principle of equality of law enshrined in the constitution of India.
Recent ED has core under special focus with various political parties and civil society members owing it of acting body in favour of government for espionage. ED has been used disproportionately in opposition ruled states compared to ruling party states Law role of conviction: since 2016 ED has only 3rd conviction rates in offences of corruption. It is owed that people close to ruling party are not convicted Extension of Director Supreme court recently disallowed extension of director of ED without valid reasons All these examples highlight the increasing politicization of executive government which can prove to be detrimental to the democratic values of equality at law and separation of power
Conclusion
All these examples highlight the increasing politicization of executive government which can prove to be detrimental to the democratic values of equality at law and separation of power
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Shubham Behere
Executive, Judiciary, Ministries and Pressure Groups
Executive
Executive Agencies and Rule of Law
342
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analytical
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