Supreme Court Hearings ED’s Writ on West Bengal ‘Rule‑of‑Law’ Breach – Implications for Article 32 & 356

Supreme Court Examines Enforcement Directorate’s Petition Over West Bengal The ED approached the Supreme Court on 23 April 2026 seeking a CBI probe into alleged obstruction by Chief Minister Mamata Banerjee and state police during a raid on the office of I‑PAC . The petition is filed under Article 32 . Key Developments The Solicitor General clarified that the ED is not alleging a total "breakdown of constitutional machinery" but a breach of the rule of law in the I‑PAC case. Justices Prashant Kumar Mishra and N.V. Anjaria warned that labeling the situation as a "breakdown" could trigger Article 356 and President’s Rule. The SG cited past incidents: 2019 Kolkata Police Commissioner questioning, 2021 Narada arrests, and a recent mob in Malda gheraoing judicial officers, to illustrate a pattern of executive interference. ED argues that because the state police have filed an FIR against it, the agency cannot approach the same police for an independent probe; hence a neutral central agency is required. Important Facts 1. The petition (Case No. W.P.(Crl.) No. 16/2026) seeks a CBI investigation into alleged obstruction by the CM, DGP, police commissioner and other officials. 2. The Supreme Court observed an "extra‑ordinary situation" in West Bengal, noting that a Chief Minister’s direct interference in an ED raid goes beyond a simple Union‑State dispute. 3. The SG emphasized that the obstruction harms public interest, allowing the ED to file the writ on behalf of the public. UPSC Relevance Understanding this case helps aspirants grasp several constitutional and administrative concepts: Article 32 and its limited scope versus broader provisions like Article 356 . The role of independent agencies such as the CBI in maintaining checks on state power. The principle of rule of law versus political misuse of state machinery. Procedural aspects of filing writ petitions, the jurisdiction of the Supreme Court, and the interplay between Union and State institutions. Way Forward The Court will decide on the maintainability of the ED’s petition and whether a CBI probe is warranted. A finding of "breakdown of constitutional machinery" could pave the way for President’s Rule in West Bengal, a scenario with significant political ramifications. Meanwhile, the case underscores the need for robust institutional safeguards to prevent executive overreach and protect investigative autonomy. Students should monitor the final judgment for insights into judicial interpretation of Article 32 , the threshold for invoking Article 356 , and the evolving role of agencies like the ED and CBI in safeguarding the rule of law.