“EVOLVING JURISPRUDENCE UNDER THE PMLA: AN ANALYSIS OF JUDICIAL EXPANSION OF ENFORCEMENT POWERS IN INDIA”
AUTHOR- ANUBHAV KUMAR PRAJAPATI* & AMBAR SRIVASTAVA**
* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA
** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA
BEST CITATION – ANUBHAV KUMAR PRAJAPATI & AMBAR SRIVASTAVA,“EVOLVING JURISPRUDENCE UNDER THE PMLA: AN ANALYSIS OF JUDICIAL EXPANSION OF ENFORCEMENT POWERS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 224-233, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The PMLA, 2002 (PMLA) was basically an anti, money, laundering legislation that after the intervention of the judiciary, by way of interpretation, expanded the scope and powers of the ED drastically and thus, has become one of the most stringent frameworks for enforcement in India. The courts, by way of judicial pronouncements and most importantly by the judgment in the matter of Vijay Madanlal Choudhary v. Union of India, have sustained the broad powers of the ED which included the secrecy of the ECIR, the bail being granted under strict conditions as per Sec 45, the statements recorded under Section 50 being judicially recorded and a vast network for attachment and confiscation being envisaged by the ED. These verdicts are meant to improve India’s adherence to the worldwide AML standards. However, they provoke a significant number of questions about due process, presumption of innocence, proportionality, as well as the risk of misuse of the authority side, to be raised under constitutional law. Opponents maintain that the court’s decisions in favour of the ED have allowed the creation of a system that is heavy on enforcement but has very few procedural safeguards. This article reflects on how the case law has led to the increased powers of the ED, whereby the ED can act without many restrictions. It also points out the constitutional issues that arise with this expansion of ED powers and further evaluates if the current interpretive trajectory is able to strike a balance between national security objectives and fundamental rights satisfactorily. The article ends with a proposal for the PMLA to be reformed so as to ensure a more transparent, accountable, and rights, centric enforcement regime.