INSAF to move SC on foreign fund curbs on NGOs -Governance Now

INSAF to move SC on foreign fund curbs on NGOs

INSAF decided to move the Court after Delhi HC dismissed its petition challenging the government's powers to declare any organisation to be of political nature

GN Bureau | September 23, 2011

The Indian Social Action Forum (INSAF), a national forum of over 500 social action groups and people's movements, says it will be moving the Supreme Court against the government's bid to throttle foreign funds to the voluntary non-government organisations (NGOs) through the Foreign Contribution Regulation Act (FCRA) amended in 2010.

Claiming to be involved in backing the NGOs and others since 1993 in 15 states in combating globalisation and communalism and defending democracy, the INSAF decided to move the Apex Court after Delhi High Court last week dismissed its petition challenging the government's powers to declare any organisation to be of political nature despite not being a political party to ban its receipt of foreign contributions.

It had challenged Sections 5(1) and 5(4) of the Act and rule 3 detailing 'guidelines' for the purpose in the related Rules notified in 2011 as contravening the fundamental rights guaranteed by the Constitution and open to abuse by the government.

The Bench of Chief Justice Dipak Misra and Justice Sanjay Khanna, however, upheld the Act, ruling that "the law has been enacted by Parliament to ensure that the parliamentary institutions, political association and academic and other voluntary organizations as well as individuals working in important areas of national life should function in a manner consistent with the values of Sovereign Democratic Republic of India."

INSAF is aggrieved that the Chief Justice, who delivered the judgement, "conveniently" dropped "Socialist" and "Secular" from the preamble of the Constitution which should read "Sovereign Socialist Secular Democratic Republic." Is it not a clear contempt of the preamble of the Constitution, it asked.

The High Court also rejected its contention that the 'guidelines' were most likely to be abused by the executive, stating that "if the power by an authority is not properly exercised, the same can always be assailed in a court of law."

The judgement says: "The apprehension in the mind of the petitioner that there would be abuse of power and some organizations may be unnecessarily harassed, we are disposed to think, is not to be taken note of while dealing with the validity of a statutory provision or the Rule made thereunder. The same shall be subject to judicial scrutiny when the order is passed."

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