Prevention of Money Laundering Act — Mains Strategy
Mains Strategy
For Mains, PMLA requires an analytical and multi-dimensional approach, moving beyond mere factual recall. The focus should be on critical examination, constitutional implications, enforcement challenges, and policy aspects.
Aspirants must be prepared to discuss the constitutional validity of PMLA's stringent provisions, particularly in the context of Article 21 and the principle of 'presumption of innocence,' drawing heavily from the Vijay Madanlal Choudhary judgment.
Understand the arguments for and against the ED's extensive powers and the reverse burden of proof. Develop a nuanced perspective on the balance between effective law enforcement against financial crime and safeguarding individual liberties.
Analyze the evolution of PMLA through amendments, explaining how it transformed into a proactive, proceeds-based framework and its strategic implications for India's internal security and economic stability.
Be ready to connect PMLA with broader themes like black money, terror financing, organized crime, and international cooperation (FATF). Discuss the challenges in PMLA's implementation, such as low conviction rates, potential for misuse, and adapting to new forms of financial crime (e.
g., cryptocurrency). Practice structuring answers with an introduction, well-reasoned arguments for and against, a balanced conclusion, and forward-looking suggestions for reform or improvement. Inter-topic connections with FEMA , Benami Act , and banking regulations are essential for comprehensive answers.