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Section5
The Foreign Contribution (Regulation) Act, 2010

Procedure to notify an organisation of a political nature

In force From 01 May 2011 Act 42 of 2010 As on 15 Oct 2026

Act 42 of 2010 Ministry Home Affairs Enacted 26 Sep 2010 In force 01 May 2011 Cited by 4 provisions Instruments 1

Section 5 of the Foreign Contribution (Regulation) Act, 2010 deals with procedure to notify an organisation of a political nature. The Central Government may, having regard to the activities of the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisations with the activities of any political party, by an order published in the Official Gazette, speci The Act came into force on 01 May 2011.

(1) The Central Government may, having regard to the activities of the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisations with the activities of any political party, by an order published in the Official Gazette, specify such organisation as an organisation of a political nature not being a political party, referred to in clause (f) of sub-section (1) of section 3:

Provided that the Central Government may, by rules made by it, frame the guidelines specifying the ground or grounds on which an organisation shall be specified as an organisation of a political nature.

(2) Before making an order under sub-section (1), the Central Government shall give the organisation in respect of whom the order is proposed to be made, a notice in writing informing it of the ground or grounds, on which it is proposed to be specified as an organisation of political nature under that sub-section.

(3) The organisation to whom a notice has been served under sub-section (2), may, within a period of thirty days from the date of the notice, make a representation to the Central Government giving reasons for not specifying such organisation as an organisation under sub-section (1):

Provided that the Central Government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the organisation was prevented by sufficient cause from making the representation within thirty days.

(4) The Central Government may, if it considers it appropriate, forward the representation referred to in sub-section (3) to any authority to report on such representation.

(5) The Central Government may, after considering the representation and the report of the authority referred to in sub-section (4), specify such organisation as an organisation of a political nature not being a political party and make an order under sub-section (1) accordingly.

(6) Every order under sub-section (1) shall be made within a period of one hundred and twenty days from the date of issue of notice under sub-section (2):

Provided that in case no order is made within the said period of one hundred and twenty days, the Central Government shall, after recording the reasons therefor, make an order under sub-section (1) within a period of sixty days from the expiry of the said period of one hundred and twenty days.

Section 5, The Foreign Contribution (Regulation) Act, 2010 (Act 42 of 2010).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 3 Prohibition to accept foreign contribution

Referred to by 4

  1. s. 3 Prohibition to accept foreign contribution
  2. s. 31 Appeal
  3. s. 48 Power to make rules
  4. s. 49 Orders and rules to be laid before Parliament

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Indian Social Action Forum (INSAF) v. Union of India

    Supreme Court of India 06 Mar 2020 Binding (Supreme Court) Reportable Civil Appeal No. 1510 of 2020 (SC)

    Court's Decision & Legal Precedent

    Judgement of Main Case order-30.pdf 2020-03-06 (same-day ROP is order-31.pdf — use order-30). Auto VERIFY-this-is-the-order (filename reuse); body is the named L. Nageswara Rao + Deepak Gupta CA 1510/2020 dated 6 Mar 2020 — DATE-CHECK VERIFY. Isolate: FCRA s.3(1)(f) bars foreign contribution to an organisation of a political nature specified under s.5; s.5(1)/(4) are not unconstitutionally vague; Rule 3(v) ‘political interests’ and Rule 3(vi) bandh/hartal are read down to active/party politics so that ordinary social-welfare NGOs are not barred. Leading SC. Distinctive (INSAF). Fills empty FCRA 3 and 5. Map 3 and 5 — do not pad 7/12A/17 (already filled).

    On this section: FCRA s.5 procedure to notify an organisation of a political nature is not unconstitutionally vague; Rule 3(v)/(vi) are read down to active/party politics so ordinary social-welfare NGOs are not barred (INSAF).

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 5

What have the courts held on Section 5 of the Foreign Contribution (Regulation) Act?

Indian Social Action Forum (INSAF) v. Union of India (06 Mar 2020) is the leading judgment on this section among those set out below: FCRA s.5 procedure to notify an organisation of a political nature is not unconstitutionally vague; Rule 3(v)/(vi) are read down to active/party politics so ordinary social-welfare NGOs are not barred (INSAF).

How do I find court cases under Section 5 of the Foreign Contribution (Regulation) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Foreign Contribution (Regulation) Act 5, section 5 Foreign Contribution (Regulation) Act, section 5 of the Foreign Contribution (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Indian Social Action Forum (INSAF) v. Union of India (06 Mar 2020).

What should I read with Section 5 of the Foreign Contribution (Regulation) Act, and has it changed?

Its own text turns on section 3 (Prohibition to accept foreign contribution), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Foreign Contribution (Regulation) Rules 2011 (2011).

When did Section 5 of the Foreign Contribution (Regulation) Act come into force?

Section 5 of the Foreign Contribution (Regulation) Act, cited as Foreign Contribution (Regulation) Act 5, came into force on 01 May 2011, having been enacted on 26 Sep 2010. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.