Lawstreet Journal

SC Bench hearing plea challenging the MHA notification of specific provisions of Foreign Contribution Regulation (Amendment) Act, 2020. [LIVE UPDATES]

Lawstreet Journal 9 Nov 2021 5:44pm

Image courtesy: Lawstreet Journal Judiciary SC Bench hearing plea challenging the MHA notification of specific provisions of Foreign Contribution Regulation (Amendment) Act, 2020. [LIVE UPDATES]

Supreme Court Bench headed by Justice Khanwilkar is hearing plea(s) challenging the Ministry of Home Affair’s notification that extends the date for compliance of specific provisions of the Foreign Contribution Regulation (Amendment) Act, 2020.

Solicitor General of India Tushar Mehta is arguing

Right to receive foreign contributions is not a Fundamental Right: SG Tushar Mehta

SG: Foreign contributions, if unregulated, can cause devastating consequences to the sovereignty of the nation…Please have my affidavit ...common preliminary affidavit for Petitioner No. 1 and 2… As a nation, we have been conscious of foreign contributions.

SG: The regulation is with an object and has been clear from the introduction of the legislation. [Referred to the Affidavit - predecessor Act referred to the statement of object]

Came to be amended in 1985, statement of objects of the ordinance pg 20. 
Earlier if China contributed to an NGO then it was regulated.

Experience showed that various govt. in other countries infusing funds in India, the definition was enlarged to trace the utilization of foreign contribution down the line. How it is being used has to be traced.

SG: In one line I can say they were made to strengthen the original object.

A bill came on 2006 pg 21.

Bench - you are referring to the ordinance?

Mehta: Kindly see page 21, Statement of object of the bill, my mistake. It matured into an amending act. Now para 33 [ Reads on]

SG: The country has responded. Right from 76 this has happened. Now see the existing Act. I am reading the existing Act of 2010 [para… Continue Reading...


Tagged: Foreign Contribution Regulation Act   Ministry of Home Affairs  
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