The Supreme Court on Tuesday
A Supreme Court bench comprising of Justices Khanwilkar, Dinesh Maheshwari and C.T. Ravi Kumar today while hearing the plea challenging to amendments to Foreign Contributions (Regulation) Amendment Act, 2020 (FCRA) noted
The batch of petitions challenge the validity of section 7, which prohibits the transfer of foreign funds. Section 12A which provides for aadhaar as an identification for prior approval and registration. Section 17 which mandatesopening of FCRA primary account exclusively in a branch of State Bank of India in New Delhi notified by the Centre.
Earlier, the Court had noted, "noted that the amendment to the provisions of the act are discouraging the activities of NGOs."
Whereas, The Central Government had told the Supreme Court there exists no fundamental right to unbridled foreign contribution, while replying to a plea challenging the Ministry of Home Affairs (MHA), Government of India’s notification dated May 18, 2021, which extended the date for compliance of specific provisions of the Foreign Contribution Regulation (Amendment) Act, 2020.
The Centre had also highlighted that with respect to plea impugning the amendments on the ground of need of foreign aid during the pandemic, a connected petition has questioned the bonafides of such a plea alleging that, "taking the shield of the Covid-19 pandemic and their relief work, several NGOs and individuals are actually misusing the FCRA regime to siphon off funds obtained from abroad for purposes" outside the purview of the FCRA.
Case Title: Noel Harper Vs. Union of India and other connected matters