Thread by @barandbench

#SupremeCourt to hear plea challenging @HMOIndia notification dated May 18, 2021, which extended the date for compliance of specific provisions of the FCRA. NGOs have also challenged the constitutional validity of the 2020 amendment #FCRA

SG Tushar Mehta: This 1976 legislation was amended in 1985... earlier if govt of China is contributing in some NGO in India was regulated

SG: but it appears from the statement that experience showed that other countries NGOs were also infusing funds in India and thus definition was widened to include all such donations

SG: the amendment has been carried to regulate the acceptance of donations or foreign hospitality. as and when the country got new experience of developments, the country has responded..this has happened in 1976, 1985 and thereafter

SG: what we have to say if the amendments are beyond the scope and objective of the original act or not. if it transverses then it poses a diff problem for the centre

SC: The entire act has not been challenged?

SG: No only some provisions of the amendment act

SG: I have given a comparative chart of what the provision was and how it stood amended.

Sr Adv Gopal Sankaranarayanan: Can the AC be reduced please, it's getting very cold

Justice Khanwilkar: AC?

Sankarnarayanan: Yes..

SG Mehta laughs..

#supremecourt

SG Mehta resumes submissions

SG: If a ngo wants to accept foreign contribution it has to get itself registered.

SG: State bank is under an obligation to inform the central bank that this NGO has received this much money from this organisation which is based in foreign land.

SG: else money may come from China and the money may go to a small taluka place and unless they provide us details we had no mechanism to know what for purpose the money has been received and is being used to achieve the purpose of the act

SG: If i have nothing to hide then what is the problem in following the law. #supremecourt #FCRA

SG: No one can dispute digital banking since once you say foreign banking it comes digitally foreign contribution does not come as a bag full of money

SC: When you receive a cheque or draft is received then can it be encashed in local branch or in Delhi

SG: Suppose he receives a cheque he can deposit it in the local office

SG: The home ministry is dealing with this since it deals with sovereignty and internal security and it has to be looked into the objective of maintaining the sovereignty of the nation.

SC: So each transaction is looked into by @HMOIndia

SG: there may be money coming in for naxalite activity or to destabilise the country. There are IB inputs also most of the time, at times money coming for development works is used to train naxalites.

SG: If i am a citizen of India and i want to use foreign contribution this is the minimum statutory requirement we have to follow

SC: We know the sphere of social, cultural and religious activity.. but what is economic activity,, one is to receive fund and also give to others

SC: what about the economic program?

SG: If some one does skill development program...

SC: Then it is a social program.. you tell us about economic program after the break..

SG: To ensure that benami transactions does not take place that is why aadhaar is made mandatory... it is here by way of a statute... the court had said that subordinate legislation cannot make it mandatory but here it is through a statute #supremecourt #FCRA

SG: institutions teaching Sanskrit or Urdu may fall into religious domain but the objection has to be religious, social or economic. Registration itself they have to divulge what is the objective..