Divan: then for a brief period between 1973 and 1977 there was a renaming and it came under the administrative jurisdiction of the department of personnel and administrative Reforms.

Divan then takes the Court through provisions of Foreign Exchange Management Act regarding establishment of ED and its functions.

Divan: ED is an organisational limb or a department of the Central Government and nothing else.

Divan: if you are creating a body corporate it would have to be done by the Parliament. Under Chapter 6 power is given to the central government to establish. But it doesn't confer a right to sue. The right to sue has to be specially conferred.

Divan: second thing Chapter 6 does not do is create a body corporate. Thus it cannot maintain an Article 32 petition because it does not have a right.

Fundamental rights which is essential for article 32 to be invoked has to be by a person. It may be by a natural person or by a legal corporate entity. If you are neither a juridical person nor a natural person then you do not have a right to sue.