[Marxistindia] Press Release

[news from the cpi(m)]

March 30, 2026

Press Release

 

M. A. Baby, General Secretary of the Communist Party of India (Marxist) has
written a letter today to the Prime Minister, regarding the urgent demand to
rescind the Foreign Contribution (Regulation) Amendment Bill, 2026. We are
herewith releasing the text of the letter for publication. 

 

Muralidharan

(For CPI(M) Central Committee Office)

 

 

To

Shri Narendra Modiji,

Hon'ble Prime Minister

Government of India 

New Delhi

 

Subject: Urgent Demand to Rescind the Foreign Contribution (Regulation)
Amendment Bill, 2026

 

Dear Shri Modiji,

 

I write to you with a deep concern regarding the Foreign Contribution
(Regulation) Amendment Bill, 2026, introduced in the Lok Sabha on March 26,
2026. We are compelled to register our strongest objections to the
provisions contained in this Bill. We demand, in the interest of
constitutional morality and democratic principles, that the government
immediately rescind this legislation.

 

We acknowledge the State's prerogative to regulate the flow of foreign
contributions to ensure transparency and national security. The proposed
amendments, however, cross the threshold from reasonable regulation to
excessive control, enabling executive overreach.

 

1. Unfettered Power of Asset Seizure via a 'Designated Authority': The Bill
proposes the creation of a powerful 'Designated Authority' empowered to take
over, manage, and dispose of assets created out of foreign funds by NGOs
whose registration has been suspended, canceled, or not renewed. This is an
extreme provision that threatens the very existence of civil society
organisations. In many cases, assets are created through a mix of domestic
and foreign funds. The proposed blanket takeover makes no provision for the
protection of locally sourced assets. Granting the executive the power to
permanently vest such assets, without adequate judicial oversight amounts to
a punitive measure that goes far beyond the scope of regulatory oversight.

 

2. Excessive Government Control and Erosion of Federalism: The Bill mandates
that state governments must seek prior approval from the Union Government to
initiate any FCRA-related investigation. This provision undermines the
federal structure enshrined in our Constitution. Law enforcement and the
maintenance of public order are concurrent subjects; imposing a central veto
on state investigative powers centralises power that is antithetical to
federalism.

 

3. Discretionary Powers Leading to Subjectivity and Arbitrariness: The Bill
vests immense discretionary powers in the 'Designated Authority' without
prescribing adequate safeguards against misuse. This creates an environment
of fear where organisations working in areas such as human rights,
environmental protection, and minority welfare may find themselves targeted
not for violations 

of law, but for dissent against government policies. As per the Ministry of
Home Affairs portal, while approximately 15,000 organisations are currently
registered, the registrations of nearly 20,711 organisations have been
canceled. The FCRA is increasingly perceived not as a tool for regulation,
but as a political weapon to silence dissent and harass organisations that
question government policies.

 

4. Impact on Minority Institutions: The Bill places minority institutions
under an excessively stringent regulatory framework, raising serious
concerns about undue interference in their functioning. Provisions that
allow the government to deny renewal or cancel licenses and assume control
over the funds and properties of these institutions are a direct threat to
constitutionally guaranteed freedoms, including the right to manage
religious and linguistic minority institutions.

 

5. Lack of Consultation: We note with dismay that this Bill was introduced
unilaterally, despite protests from opposition Members of Parliament.
Legislation that so profoundly impacts fundamental rights, demands wider
consultation and deliberation. The introduction of such a Bill without
adequate consultation reflects a disregard for the participatory nature of
democratic lawmaking.

 

The government's hostility towards non-governmental organisations is evident
in the series of amendments made to the FCRA since 2016. The cumulative
effect of these amendments has been to make the functioning of NGOs
increasingly difficult. The 2026 Bill is a continuation of this trend,
threatening to effectively 'kill' organisations that accept legitimate
foreign contributions for charitable, educational, or human rights work.

 

The requirement for compliance of a law must not become a requirement to
conform to the government's political line. Excessive power in the executive
creates an environment where independent thought in the social sector are
stifled.

 

In light of the above, we demand that the government:

 

1.   Immediately rescind the Foreign Contribution (Regulation) Amendment
Bill, 2026;

2.   Withdraw all contentious provisions that empower the executive to seize
and manage assets without judicial oversight;

3.   Ensure that any future regulatory framework is in line with
constitutional guarantees of freedom of association and expression; and

4.   Undertake wide-ranging consultations with civil society, minority
institutions, and legal experts before introducing any further amendments to
the FCRA.

 

We await your positive response and urge you to take immediate corrective
action.

 

 

 

Yours,

 

 

 

M. A. Baby

(General Secretary)

 

 

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