CPM flags ‘excessive control’ in FCRA amendment, seeks PM’s intervention for rollback

Communist Party of India (Marxist) General Secretary M A Baby on Monday wrote to Prime Minister Narendra Modi, demanding the immediate withdrawal of the Foreign Contribution (Regulation) Amendment Bill, 2026, warning that its provisions threaten constitutional principles and democratic functioning.

In his letter addressed to the Prime Minister, Baby expressed “deep concern” over the Bill introduced in the Lok Sabha on March 26, stating, “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.”

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While acknowledging the State’s authority to regulate foreign funding in the interest of transparency and national security, the CPI(M) leader argued that the proposed amendments “cross the threshold from reasonable regulation to excessive control, enabling executive overreach.”

A key concern raised in the letter relates to the proposed creation of a ‘Designated Authority’ empowered to take control of assets of non-governmental organisations whose license are suspended, cancelled, or not renewed under the Foreign Contribution (Regulation) Act.

Baby described the provision as “extreme,” cautioning that it “threatens the very existence of civil society organisations” and fails to safeguard assets created through domestic contributions. “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,” he wrote.

The letter also flagged concerns over federalism, noting that the Bill requires state governments to seek prior approval from the Union government before initiating any FCRA-related investigation. “This provision undermines the federal structure enshrined in our Constitution,” Baby said, arguing that it centralises powers in a manner “antithetical to federalism.”

Raising the issue of discretionary authority, Baby warned that the Bill vests “immense powers” in officials without adequate safeguards, potentially creating “an environment of fear” for organisations working in areas such as human rights, environmental protection, and minority welfare.

He cited data indicating that while around 15,000 organisations remain registered under the law, over 20,000 registrations have been cancelled, adding that the FCRA is increasingly seen “not as a tool for regulation, but as a political weapon to silence dissent.”

The CPI(M) leader further expressed concern about the impact on minority institutions, saying the Bill imposes an “excessively stringent regulatory framework” that could interfere with their constitutionally protected rights. Provisions allowing denial of licence renewals and government control over funds and properties, he argued, pose “a direct threat” to freedoms guaranteed under the Constitution.

Criticising the manner in which the legislation was introduced, Baby said it reflected “a disregard for the participatory nature of democratic lawmaking,” noting that it was brought forward without adequate consultation despite opposition protests in Parliament.

“The requirement for compliance with a law must not become a requirement to conform to the government’s political line,” he wrote, adding that excessive executive power risks stifling independent thought in the social sector.

In his concluding remarks, Baby urged the government to rescind the Bill, withdraw provisions allowing asset seizure without judicial oversight, align any future framework with constitutional guarantees, and undertake wider consultations with civil society, minority institutions, and legal experts before proposing further amendments.