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FEMA - Highlights / Catch Notes

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Prohibition to accept foreign contribution - misuse of the ...


Court Rules Against Judicial Directive for Tribunal, Upholds FCRA and Separation of Powers Doctrine in Political Party Case.

January 16, 2023

Case Laws     FEMA     HC

Prohibition to accept foreign contribution - misuse of the Foreign Contribution (Regulation) Act [FCRA] by the political party - Setting up of such Tribunals/Authorities/Committee is purely a policy decision, taken by the Legislature. A direction for setting up a Committee or Tribunal would effectively be an amendment of the FCRA, which is beyond the scope of judicial review by this Court. Hence, an attempt by a judicial body to set up a tribunal is directly in the teeth of the doctrine of separation of powers. - HC

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