Parallel action by state police and central agencies against political entities strains cooperative federalism. Analyse, and suggest institutional safeguards.

Policing is a State subject (Entry 2, List II), while the ED and CBI are central agencies. When both act against the same political entity, enforcement looks like a contest between governments. In the Trinamool Congress (TMC) case, the West Bengal Police debit-froze four party accounts holding over ₹800 crore, and the ED froze three others [1]. Each probe may be lawful, but running them side by side, with no coordination, strains cooperative federalism.

How parallel action strains federalism

• Overlapping legal regimes: The same party faces a PMLA freeze [4] and a police seizure under BNSS. It must fight on two fronts. The Supreme Court declined to step in under its appellate jurisdiction and sent the matter back to the Calcutta HC [1].
• Breakdown of consent: West Bengal withdrew its general consent to the CBI under Section 6 of the DSPE Act [3]. The SC held in 2024 that the state's Article 131 suit against the Union is maintainable [2]. Disputes over investigations are now disputes between the Union and a State.
• Perception of partisanship: State and central governments led by rival parties are each seen as using "their" agency. Political competition moves into criminal law.
• Electoral fairness: Locked funds limit a party's ability to campaign. This weakens the level playing field.

The other side

• Separate offences under separate laws can justify separate probes.
• Courts provide a check. The HC still allowed the party to spend on daily and monthly costs [1].

Institutional safeguards

• Coordination protocol: An Inter-State Council (Art. 263) framework for sharing information and jointly reviewing cases involving political entities.
• Time-bound review: Any freeze of party funds should face magistrate or HC review within a fixed period, especially during elections. "Expedite" orders should come with fixed dates [1].
• Insulated agencies: Extend collegial appointment and oversight, like that for the CBI Director under Section 4A of the DSPE Act [3], to other agencies.
• Party-finance transparency: Make audited accounts and internal democracy mandatory, as the Law Commission's 170th Report proposed [5], with authorised signatories filed with the ECI.

Parallel action does not have to be adversarial. Agencies need clear jurisdiction, judicial timelines, institutional autonomy and transparent party finances. With these safeguards, investigations can stay credible and the federal bargain keeps its trust, as the Constitution's vision of cooperative federalism intends.