Anjum Kadari vs Union of India
2024 INSC 831
Case Summary
[Freedom to Form Associations]
FACTS
Anjum Kadari, an individual, challenged the constitutional validity of certain provisions of the Foreign Contribution (Regulation) Act, 2010 (FCRA), which regulates the receipt of foreign contributions by individuals, NGOs, and other organizations in India. Kadari's application for FCRA registration was rejected by the Ministry of Home Affairs on the grounds that the applicant had failed to meet certain statutory requirements. The petitioner contended that the FCRA infringed on his fundamental right to association and expression guaranteed under Articles 19(1)(c) and 21 of the Indian Constitution. The challenge specifically pertained to restrictions on receiving foreign donations and the government’s power to control such funding.
LEGAL PROVISIONS
Foreign Contribution (Regulation) Act, 2010 (FCRA)
Section 3: Prohibition on receiving foreign contributions.
Section 11: Registration requirement for persons receiving foreign contributions.
CONSTITUTION OF INDIA
Article 19(1)(c) (Freedom to form associations).
Article 21 (Right to Life and Personal Liberty)
JUDGMENT
The Supreme Court upheld the constitutional validity of the FCRA. The Court held that the right to form associations and express opinions is fundamental, but it is not absolute and can be reasonably restricted for public interest and national security. The Court emphasized that the government had the legitimate authority to regulate foreign contributions to ensure that such funds were not misused for activities detrimental to the sovereignty, integrity, and security of India. The Court concluded that the law was a necessary regulatory framework to ensure transparency and prevent misuse of foreign funds for political or anti-national purposes. Thus, the petition was dismissed, and the FCRA's provisions were upheld.
VIKAS MEENA
2ND YEAR
RAJASTHAN UNIVERSITY
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