Supreme Court of India · 2020-03-06
INDIAN SOCIAL ACTION FORUM(INSAF) vs UNION OF INDIA
- Citation / case number
- SC 2011/36648
- Court
- Supreme Court of India
- Petitioner
- INDIAN SOCIAL ACTION FORUM(INSAF)
- Respondent
- UNION OF INDIA
- Author
- HON'BLE MR. JUSTICE L. NAGESWARA RAO
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court addressed the constitutionality of Sections 5(1) and 5(4) of the Foreign Contribution (Regulation) Act, 2010, and related Rules. The court found that the lack of clear guidelines for declaring an organization as political and the unspecified authority for representations could lead to arbitrary exercise of power, thereby violating Articles 14, 19, and 21 of the Constitution. The appeal was allowed, and the provisions were deemed unconstitutional due to their vague and arbitrary nature.