July 3, 2018:
On Monday, Supreme Court sought Central Government’s response on a plea challenging the amendments to Foreign Contribution (Regulation) Act which it stated were introduced to bail out the BJP and Congress after a High Court held them guilty of taking foreign funding.
Apex Court Bench comprising of CJI Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud issued notice to Government on Association for Democratic Reforms (ADR) plea seeking declaration that Amendments in FCRA 2010 by Section 236 of Finance Act, 2016 and by Section 217 of the Finance Act, 2018 are “void, illegal and unconstitutional”.
Petitoner contended that Amendments to the FCRA, the petitioner contended, were introduced with retrospective effect to overturn a Delhi High Court order holding the Bharatiya Janata Party and Congress guilty of accepting donations from overseas companies.
Petition against Delhi HC judgment was rejected by Apex Court, said the plea.
Amendments to FCRA 1976, the PIL submits has “opened doors to unlimited political donations from foreign companies, thereby legitimizing financial contributions received from foreign sources”.
PIL further contends that Amendments were contrary to principles of the separation of powers, it said that Amendment made in FCRA 2010 “vide the Finance Act 2016” was already under challenge before Supreme Court and when matter is sub-judice, Parliament by the Finance Act, 2018 has now made amendments with retrospective effect from 1976.
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