Del HC | Are exemptions and relaxations under different Statutes a matter of right? Is it Government’s prerogative to exempt with or without stringent conditions under Foreign Contribution (Regulation) Act? Read on

Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., reiterated the settled law that Court cannot direct the Government to exercise the power in a particular manner.

Petitioner sought directions to the respondents to exempt the registered associations, organisations or persons, defined under Section 2(1)(m) of the Foreign Contribution (Regulation) Act, 2010, especially prior permission under Section 11 of the said Act to receive foreign contributions.

Further, directions were also sought to relax the stringent and time-consuming pre-conditions for receiving foreign contributions in the form of donations, by exercising powers under Section 50 of the Act.

Settled Law

Exemptions and relaxations under different Statutes are not a matter of right. It is the Government’s prerogative power to exempt or give relaxations with or without stringent conditions. It is not for the Court to direct the Government to exercise the power in a particular manner.

Bench noted that the petitioner did not approach the competent authority seeking exemption under the Act.

Therefore, High Court directed the Competent Authority under the Ministry concerned to treat the present petition as a representation and decide the issues raised and grievances ventilated in accordance with the law, relevant rules, regulations and Governmental policies applicable to the present matter as early as practicable.

In view of the above terms, the petition was disposed of. [Karmodaya Charitable Trust v. Union of India, 2021 SCC OnLine Del 2315, decided on 18-05-2021]


Advocates before the Court:

For the petitioner: Manoj V. George, Advocate

For the Respondents: Chetan Sharma, Ld. ASG,

Apoorv Kurup, CGSC with Vartika Mishra, Vinay Yadav, Akshay Gadeock, Amit Gupta & Sahaj Garg, Advocates

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