The use of central investigating agencies against Opposition leaders is seen as a strain on cooperative federalism. Discuss, and suggest institutional safeguards.

Cooperative federalism depends on trust between the Centre and the States, and the Seventh Schedule makes "police" a State subject. In October 2026 the Enforcement Directorate (ED) pasted a PMLA summons outside the residence of Kerala's Leader of the Opposition, Pinarayi Vijayan [1]. Episodes like this revive the charge that central agencies are used selectively.

How agency action strains federalism

• Getting around State consent: the CBI needs State consent, but the ED does not. West Bengal sued the Union under Article 131 over CBI cases registered after it withdrew consent, and the SC held the suit maintainable in 2024 [3].
• Wide powers: a Section 50 PMLA summons compels attendance and truthful answers. Article 20(3) cannot be claimed at the summons stage (Abhishek Banerjee v. ED, 2024) [2].
• How notices are served: the summons was pasted while the leader was openly at a party conference in Kannur. His party said he was "not absconding" [1]. Public damage to his reputation comes before any finding of guilt.
• Loss of trust: States respond by withdrawing consent and going to court, so cooperation turns into confrontation.

The other side

• Equality before law: no office gives immunity, and the SC has upheld the Section 50 powers [2].
• In this case the predicate FIR came from the State police itself [1]. The divide is often ruling party against Opposition, not simply Centre against State.
• Money laundering crosses State borders, so a central agency is needed to investigate it.

Institutional safeguards

• Amend the PMLA Rules, 2005 (Form V) so the ED must record why it could not serve a summons in person before pasting it [2].
• State in each summons whether the person is called as a witness or a suspect.
• Video-record questioning and allow a lawyer to be present, because Section 50 statements can be used as evidence [2].
• Set up multi-party parliamentary oversight of how agencies choose their targets, and fixed tenures for agency heads.
• Use the Inter-State Council to agree protocols on how agencies work with States.

Accountability and federal trust can go together. Agencies that act fairly and in the open would uphold Article 14, respect the States' role, and move India towards SDG 16 (strong, accountable institutions). The rule of law would then not look like a political weapon.