West Bengal Government Seeks Supreme Court Hearing on I-PAC Raids

The West Bengal administration has formally requested a hearing before a five-judge constitutional bench of the Supreme Court regarding the I-PAC raids. The government argues that this case raises significant constitutional interpretation questions, particularly concerning the relationship between the center and the states, as well as the validity of the Enforcement Directorate's (ED) petition under Article 32 of the Indian Constitution.

Senior advocate Shyam Diwan, representing the state, presented his case before Justices Prashant Kumar Mishra and K.V. Vishwanathan. He contended that the current proceedings cannot be handled by a two-judge bench due to the fundamental questions related to the constitutional framework involved. Diwan emphasized that the dispute pertains to the appropriate platform and mechanism for resolving issues between the center and the states, which should be examined in the context of the Constitution's federal structure.

Diwan further argued that this matter is intrinsically linked to constitutional interpretation. He stated that there is a defined framework and method for investigating such issues, asserting that Article 32 cannot be applied in this manner. He warned that allowing a central agency like the ED to directly invoke Article 32 against a state would undermine the carefully constructed constitutional framework governing center-state disputes. As the main petitioner, the ED lacks a corporate identity and does not possess the right to sue, as it is not a judicial entity. Diwan pointed out that as a department of the central government, the ED does not have an independent legal personality and therefore cannot initiate proceedings in its own name before the court.

He further noted that considering Part III of the Constitution, a violation of fundamental rights must be established. No department of the central government can claim a violation of fundamental rights, as these rights are protected and secured by the central government itself. Diwan stressed that the enforcement of fundamental rights under Article 32 is essential and cannot be invoked against any constitutional entity by a state body or any arm of the central government.