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Supreme Court of India 2020-03-06 disposed

Indian Social Action Forum (INSAF) vs Union of India

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

In this case, an NGO challenged sections of the Foreign Contribution (Regulation) Act, 2010 and related rules as unconstitutionally vague and restrictive of fundamental rights. The Supreme Court upheld the legislation but applied the "reading down" doctrine to limit its scope. The Court held that while the term "political interests" is vague, mere possibility of abuse does not invalidate a law. The rules can only bar organisations actively involved in party politics or active politics from receiving foreign contributions. Social welfare organisations, even if they use legitimate protest methods, cannot be denied foreign funds unless they have concrete connection to political parties. The Court clarified that only citizens (not organisations themselves) can invoke Article 19, and strict procedural safeguards must be followed before any organisation is declared "political in nature."

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Constitutional Law Foreign Contribution Regulation Fundamental Rights Articles 14, 19, and 21 Vagueness Doctrine Reading Down NGOs and Civil Society Administrative Law

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