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2023 Supreme(Del) 2242

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Association For Democratic Reforms & Anr – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Prashant Bhushan, Ms. Neha Rathi and Ms. Suroor Mandar, Advocates, for the Petitioners.
Ms. Shiva Lakshmi, CGSC with Ms. Srishti Rawat, Advocate, for the Respondent.

JUDGMENT

Satish Chandra Sharma, C.J. The instant Writ Petition has been filed by the Association for Democratic Reforms (`Petitioner') seeking directions to constitute an independent tribunal or committee to oversee the enforcement of the Foreign Contribution (Regulation) Act, 2010 (`FCRA Act').

2. The instant Petition has been filed in an attempt to remedy the various lacunas that purportedly plague the functioning of the FCRA. To begin with, the Petitioners have stated that the political party at the helm of affairs could have differing perspectives on development, public policy and national interest. Such political ideology and leaning of differing political parties also has a bearing on how they may use the FCRA i.e., some political parties, at the helm of affairs, may use the FCRA to suppress dissent from independent organisations and NGOs alike. Furthermore, the Petitioners have expressed apprehension regarding enforcement of the FCRA against the actions of political parties as well. The Petitioners apprehend that as the bureaucracy works in close connection with the political executive, there is possibly a conflict of interest which could possibly mean that certain political

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