John Brittas urges Amit Shah to withdraw Foreign Contribution Amendment Rules
On Thursday, June 25, 2026, Communist Party of India (Marxist) Rajya Sabha leader John Brittas wrote a letter to Union Home Minister Amit Shah in Delhi, urging the immediate withdrawal of the Foreign Contribution (Regulation) Amendment Rules, 2026. Brittas alleged that the new rules raise serious constitutional concerns and represent a major executive intervention that shifts focus from regulating foreign funds to directly restricting the operations of India's voluntary sector.
In his letter, Brittas stated that while regulating foreign contributions is a legitimate sovereign function, it must remain anchored in constitutional principles. He argued that the regulation cannot become an instrument for progressively constricting the functioning of voluntary organisations, charitable institutions, educational establishments, humanitarian agencies, and faith-based organisations.
The CPI(M) leader pointed out that the new rules fundamentally recast the regulatory architecture governing FCRA-registered organisations. According to Brittas, the amendments redefine governance structures, introduce purpose-specific classifications, geographically limit operations, expand personal liability, and increase oversight.
One major objection raised in the letter is the introduction of the term "proselytisation" in the schedule related to religious activities. Brittas noted that the expression has not been defined in either the FCRA or the amended rules, leaving it highly susceptible to subjective and inconsistent administrative interpretation. He warned that this ambiguity could impact institutions engaged in religious literature, theological education, and humanitarian work.
Brittas also criticised the expanded disclosure requirements, which demand details of activities, websites, social media accounts, publications, and articles by key functionaries. He described these provisions as going beyond financial accountability to create an extensive compliance and surveillance architecture.
Furthermore, the letter questioned Rule 14A, which deems an organisation active only if it has utilised at least ₹10 lakh of foreign contribution during the preceding two financial years. Brittas argued that the value of voluntary work cannot be assessed solely through expenditure.
He also objected to the requirement for organisations to specify the exact states and Union territories where they operate, stating this limits the flexibility needed to respond to emergencies like floods, cyclones, and pandemics. Additionally, he raised concerns that the widened definition of "key functionary" could discourage professionals, retired judges, and scientists from taking honorary roles.
Brittas concluded by stating that the amendments raise concerns under Articles 14, 19(1)(c), 25, 26, 29, and 30 of the Constitution. He urged the government to hold consultations with voluntary organisations, minority educational establishments, and legal experts.
