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​Fear of the foreign: On the FCRA amendments

04 Apr 2026
2 min

Amendments to the Foreign Contribution (Regulation) Act (FCRA)

The Centre is seeking to impose restrictions on foreign contributions to individuals and organizations in India, using a selective and non-transparent approach.

Proposed Amendments

  • New amendments to the FCRA, introduced in the Lok Sabha on March 25, 2026, aim to create a statutory framework for a "designated authority" to seize and manage assets of entities that lose their FCRA license.
  • The amendments are temporarily stalled due to protests but have not been abandoned.
  • Assets built using foreign funds, such as schools and hospitals, could be automatically seized upon FCRA status discontinuation, without judicial review.

Concerns and Criticism

  • The move is criticized for being potentially unfair and opportunistic, allowing the Centre to benefit from its own decisions to withdraw FCRA permissions.
  • Christian groups express concern as they are significant recipients of foreign contributions for health and educational institutions.
  • State policies continue to seek foreign funds in various sectors, raising questions about the selective application of FCRA restrictions.

Historical Context

  • The FCRA was first enacted in 1976, reenacted in 2010 during the UPA regime, and amended in 2020 under Narendra Modi, with progressively stricter regulations on foreign funds.

Regulatory Issues

  • The current regulatory regime is criticized for lacking transparency and even-handedness.
  • Parliamentary questions regarding FCRA cancellations and data have been disallowed since 2024, leading to assumptions about selective permission for foreign funds.
  • The proposed legislation is seen as violating principles of natural justice, with assets legally built with foreign funds unfairly subject to seizure.

Call for Rethink

The Centre is urged to reconsider its approach, ensuring that regulations on foreign contributions are fair, transparent, and reflective of ground realities.

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Principles of Natural Justice

Fundamental principles of fairness in legal proceedings, typically including the right to be heard (audi alteram partem) and the rule against bias (nemo judex in causa sua). The article suggests that the proposed FCRA amendments might violate these principles by allowing asset seizure without fair process.

Judicial Review

The power of the judiciary to examine the constitutionality of legislative enactments and executive actions. Article 13 of the Constitution prohibits the state from making laws that violate fundamental rights, and through judicial review, the judiciary can declare such laws unconstitutional.

Designated Authority

A newly proposed authority under the bill that can take over, manage, or dispose of assets created from foreign contributions if an NGO's registration is cancelled, surrendered, or not renewed. Its decisions are challengeable only in court.

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