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FEMA - Highlights / Catch Notes

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

FEMA

January 16, 2023

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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