SC refuses to grant interim relief to NGOs seeking extension of licences under FCRA

New Delhi: The Supreme Court on Tuesday declined to pass an interim order directing the government to extend the validity of licences of NGOs under the Foreign Contribution Regulation Act (FCRA) which expired on September 30 last year, instead opting to pronounce its judgment first in a pending case challenging the very constitutionality of the amendments to the law on the flow of foreign funds into India.

A Bench led by Justice A M Khanwilkar was hearing a plea made by a US–based organisation, Global Peace Initiative, represented by senior advocate Sanjay Hegde, which challenged the expiry of the FCRA licences of nearly 6,000 NGOs. The organisation urged the court to let these NGOs continue with their licences until further orders.

Countering the plea, Solicitor General Tushar Mehta said the government had extended the licences of 11,594 NGOs which applied within time. Mehta further questioned the locus standi of the petitioner, asking how an organisation based in Houston was concerned with the FCRA licences in India.

The court refused to intervene in the issue though it allowed the petitioner to approach the authorities with a representation that would be considered on its merits.

The court said the petition would be taken up after it had pronounced its judgment in the pending Noel Harper versus Union of India case on the validity of the amendments made to the FCRA in 2020.