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Justice Ujjal Bhuyan Flags Over‑use of PMLA, UAPA and Judicial Delays at SCBA 2026 Conference — UPSC Current Affairs | March 22, 2026
Justice Ujjal Bhuyan Flags Over‑use of PMLA, UAPA and Judicial Delays at SCBA 2026 Conference
Supreme Court Justice <strong>Ujjal Bhuyan</strong> warned that reckless FIR registrations, over‑use of the <span class="key-term" data-definition="Prevention of Money Laundering Act — a law to curb money‑laundering and finance of terrorism; its misuse raises concerns for GS3: Economy">PMLA</span> and <span class="key-term" data-definition="Unlawful Activities Prevention Act — a stringent anti‑terror law; low conviction rates highlight its over‑application (GS2: Polity)">UAPA</span>, and judicial deference to investigating agencies are inflating case pendency and prolonged incarceration. He urged a more tolerant, dissent‑friendly ‘Viksit Bharat’ and better judicial infrastructure to restore public trust.
Justice Ujjal Bhuyan Highlights Judicial Challenges at SCBA 2026 Speaking at the 1 st Supreme Court Bar Association National Conference 2026, Justice Ujjal Bhuyan warned that a culture of "more loyal than the king" among some judges, combined with reckless registration of FIR , is leading to unnecessary bail denials and prolonged incarceration. Key Developments Judiciary is burdened by a surge in frivolous FIRs for trivial acts such as public protests, memes, or social‑media posts. Special Investigation Teams ( SIT ) are being constituted repeatedly, consuming valuable Supreme Court time. Over‑use of the PMLA and UAPA is inflating case backlogs and keeping accused in jail for years without conviction. State agencies are the biggest litigants, filing countless appeals that swell dockets. Judicial infrastructure receives less than 1% of state budgets, far below the ~4% allocation in countries like Brazil. Important Facts & Figures As of 31 March 2025, 7,771 Enforcement Case Information Reports ( ECIR ) were filed under the PMLA . Only 1,031 arrests resulted, and merely 47 trials concluded, yielding a conviction rate of less than 1%. UAPA statistics (Ministry of Home Affairs, Lok Sabha) show persistently low conviction rates: 2019 – 1,984 arrests, 34 convictions (1.74% conv. rate) 2020 – 1,321 arrests, 80 convictions (6% conv. rate) 2021 – 1,621 arrests, 62 convictions (≈3% conv. rate) 2022 – 2,636 arrests, 41 convictions (≈1.5% conv. rate) 2023 – 2,941 arrests, 118 convictions (≈4% conv. rate) Overall, the conviction rate hovers around 4%, indicating that the majority of arrests are premature or unsupported by evidence. UPSC Relevance These observations intersect with multiple GS papers: GS 2 (Polity) – Understanding the balance of powers, judicial independence, and the impact of over‑criminalisation on civil liberties. GS 3 (Economy) – Assessing how misuse of financial statutes like PMLA affects business confidence and foreign investment. GS 4 (Ethics) – Evaluating the ethical duty of judges to resist undue deference to investigative agencies and to protect individual rights. Way Forward Justice Bhuyan proposes a multi‑pronged approach: Restrict frivolous FIRs – Introduce guidelines limiting police registration of cases for non‑violent expression, thereby safeguarding dissent (a core democratic value). Review PMLA and UAPA usage – Set statutory thresholds for arrest and mandate periodic judicial review to prevent prolonged pre‑trial detention. Increase judicial funding – Raise state allocation to at least 3‑4% of the budget to improve infrastructure, recruit support staff, and reduce judge‑to‑case ratios. Promote judicial accountability – Encourage transparent performance metrics for judges and establish mechanisms to curb the "more loyal than the king" mindset. Foster a tolerant "Viksit Bharat" – Ensure that dissent, minority rights, and social inclusion are protected, aligning legal practice with the constitutional ethos of liberty and equality. By addressing these systemic issues, the judiciary can reclaim its role as a "sentinel on the qui vive," maintaining constitutional balance while supporting India’s developmental aspirations.
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Overview

Judicial over‑reach via PMLA, UAPA and frivolous FIRs threatens rule of law

Key Facts

  1. Justice Ujjal Bhuyan highlighted over‑use of PMLA and UAPA at SCBA National Conference 2026.
  2. By 31 Mar 2025, 7,771 ECIRs under PMLA were filed; only 1,031 arrests and 47 trials, giving a conviction rate of <1%.
  3. UAPA conviction rates (2019‑2023) average around 4% (e.g., 2023: 2,941 arrests, 118 convictions).
  4. Judicial infrastructure receives <1% of state budgets, far below the ~4% allocation in countries like Brazil.
  5. Repeated constitution of Special Investigation Teams (SITs) is consuming Supreme Court time and resources.
  6. State agencies are the largest litigants, filing countless appeals that swell court dockets.
  7. "More loyal than the king" syndrome among some judges leads to unnecessary bail denials and prolonged pre‑trial detention.

Background & Context

The surge in frivolous FIRs, coupled with aggressive deployment of PMLA and UAPA, strains the judiciary, inflates case backlogs and undermines civil liberties. This raises concerns under GS 2 (separation of powers, judicial independence) and GS 3 (impact on business confidence and investment).

UPSC Syllabus Connections

Prelims_GS•Constitution and Political SystemGS4•Dimensions of ethics - private and public relationshipsGS2•Executive and Judiciary - structure, organization and functioningEssay•Society, Gender and Social JusticeGS3•Role of external state and non-state actors in security challengesGS3•Cyber security and communication networks in internal securityGS3•Inclusive Growth and issues arising from itEssay•Philosophy, Ethics and Human ValuesEssay•Media, Communication and InformationPrelims_CSAT•Basic Numeracy

Mains Answer Angle

In a Mains answer, candidates can discuss how misuse of anti‑money‑laundering and anti‑terror laws erodes the balance of powers, and suggest reforms to safeguard judicial efficiency and individual rights (GS 2/GS 3).

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Analysis

Practice Questions

GS1
Easy
Prelims MCQ

Internal Security – UAPA effectiveness

1 marks
3 keywords
GS2
Medium
Mains Short Answer

Judicial ethics and independence

5 marks
4 keywords
GS2
Hard
Mains Essay

Misuse of legislation, judicial reforms, governance

20 marks
8 keywords
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