New Delhi. Demanding the Supreme Court to dismiss the petitions challenging the amendments made in the Foreign Contribution (Regulation) Act, 2010, the Central Government on Thursday said that “unbridled foreign donations” without any regulation It is not a fundamental right to have. The Center, in an affidavit filed in the apex court, has said that the Act is a sovereign and comprehensive law aimed at ensuring that foreign money does not dominate the political and social stream as well as public life in India.
The affidavit said, “Some foreign forces with malafide intentions interfere in the internal politics of India and this amendment was very necessary to prevent such forces from doing so.” The purpose of banning such donation transactions is to prevent such malicious intentions and to take action against it. The affidavit said that the object of the Act is to regulate foreign donations or foreign hospitality received by certain persons or associations or companies and to prohibit or prevent any activities which are prejudicial to the national interest.
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It further said, ‘There is no fundamental right to receive unbridled foreign donations without any regulation.’ The government has argued, “Indeed, there exists no fundamental right under which any legal or other right can be said to include the said right to receive foreign donations.” The top court is hearing three separate petitions raising issues related to the Foreign Contribution Regulation (Amendment) Act, 2020. Two of these petitions have challenged the amendments made in the Act, while one has sought amendment and strict implementation of other provisions of the Act.
The Center said it recognizes the role of non-profit and voluntary organizations in national development and genuine NGOs need not shirk any regulatory compliance mandated under the Foreign Contribution (Regulation) Act, 2010. The government has said that without regulation there is no right to receive foreign donations. It said the right to form associations and the right to freedom of trade and profession cannot include the right to receive unbridled and unregulated foreign donations. A bench headed by Justice AM Khanwilkar will hear the matter on October 28.
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