Delhi HC dismisses plea seeking neutral body to oversee foreign funding licence
The Association for Democratic Reforms had argued in its plea that there exists a conflict of interest in the government implementing the FCRA law.
The Delhi High Court on Tuesday dismissed a petition seeking the formation of a politically neutral body to oversee the implementation of the Foreign Contribution (Regulation) Act, or FCRA, Live Law reported.
The FCRA lays down conditions under which organisations can receive funds from abroad. The law also has provisions which empower the government to cancel the FCRA certificate of an organisation, thereby barring it from receiving any foreign funds.
On Tuesday, a Delhi High Court division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a plea filed by the election reforms group Association for Democratic Reforms.
The judges said that the power to set up a committee or tribunal to oversee the implementation of the FCRA law is purely a policy decision.
“The mere possibility that a statute will not be administered adequately is not a ground for the statute to be invalidated or for the court to supplement its wisdom with the legislature’s,” the court said in its order, according to Live Law.
In its plea, the Association for Democratic Reforms had argued that there exists a conflict of interest in central government implementing the act, reported Bar and Bench.
In the recent past, several non-governmental organisations have accused the Centre of using the FCRA law to target organisations. Oxfam India Trust, Indian Youth Centres Trust, Jamia Millia Islamia and Tuberculosis Association of India were among the NGOs whose registrations had become void in January.
In December, Home Minister Amit Shah had told the Parliament that strict action will be taken against non-governmental organisations that seek to use foreign funding to change the country’s demography. He had also previously alleged that some non-governmental organisations misuse foreign funds to carry out anti-national activities and religious conversions.
In Tuesday’s order, the High Court, however, noted that the petitioner failed to provide any data regarding the number of political parties which have availed foreign contributions, reported Bar and Bench.
“Nothing has been placed on record to show that the FCRA is being used selectively against NGOs and other independent organisations as well,” it said. “The court concluded that the petition is building entirely on surmises and conjectures and therefore deserves to be dismissed.”