Now Reading: Calcutta High Court: FCRA renewal can’t be refused without hearing
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Calcutta High Court: FCRA renewal can’t be refused without hearing
The Calcutta High Court has ruled that the Central Government must give an FCRA-registered organisation notice and an opportunity to be heard before refusing renewal of its licence, if an enquiry is…
The Calcutta High Court has ruled that the Central Government must give an FCRA-registered organisation notice and an opportunity to be heard before refusing renewal of its licence, if an enquiry is conducted. Justice Aniruddha Roy set aside a July 28, 2026 order that refused renewal of the FCRA certificate of Darjeeling Mary Ward Social Centre, a society registered under the West Bengal Societies Registration Act.
The court held that principles of natural justice are 'in built' into Section 16 of the Foreign Contribution (Regulation) Act, 2010. The petitioner had applied for renewal before its certificate expired on August 6, 2026, but the government refused it citing Section 12(2) without a hearing. The Centre argued that Section 16 does not expressly require a personal hearing and that the authority could rely on existing material.
Justice Roy observed that if the government undertakes a further enquiry, it must notify the applicant and allow it to present its case. He directed the appropriate authority to reconsider the renewal application after granting a hearing and pass a reasoned order within six weeks.
Indian Opinion Analysis
This ruling reinforces that FCRA renewal is not a mere formality but a quasi-judicial process where the applicant's right to be heard is fundamental. The court distinguished renewal from fresh registration, making it harder for the government to deny renewal without engaging the organisation. The six-week deadline for a reasoned order puts pressure on the Home Ministry to act swiftly. Over 6,000 NGOs hold valid FCRA licences, any systemic shift in renewal practice could affect thousands of pending applications. The next signal to watch is whether the government appeals or issues fresh guidelines on renewal hearings.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
