Kerala Assembly passes FCRA resolution 111-2, BJP lone dissenter
Synopsis
Key Takeaways
The Kerala Legislative Assembly on Wednesday, 1 July 2025, passed a special resolution by 111 votes to two, urging the Centre to withdraw the proposed amendments to the Foreign Contribution (Regulation) Act (FCRA) and the Foreign Contribution (Regulation) Amendment Rules, 2026. The Bharatiya Janata Party (BJP) stood as the sole dissenting bloc, with its two members voting against the resolution after the House rejected their proposed amendments.
What the Resolution Demands
Moving the resolution, Chief Minister V.D. Satheesan alleged that the proposed FCRA amendments were designed to bring voluntary organisations and non-governmental organisations (NGOs) under tighter central control, effectively curtailing the autonomy of civil society institutions. He argued the changes would hurt bodies engaged in welfare, healthcare, education, disability rehabilitation, and disaster relief — sectors where such organisations supplement state government services, particularly in Kerala.
The resolution specifically objects to provisions that restrict organisations to 105 specified activity sectors, impose fresh registration requirements for operations outside the state of registration, and delay project implementation by linking the release of subsequent foreign funding to utilisation verification.
Key Objections Raised
The Assembly flagged multiple concerns embedded in the proposed amendments. Penalties of up to 30 per cent of foreign contributions — even for technical violations — were criticised as disproportionate. Provisions mandating disclosure of the personal social media accounts and publications of office-bearers were described as an intrusion into privacy and a threat to the constitutional guarantee of freedom of expression.
The expanded definition of 'key functionary' — making trustees, partners, and directors personally liable for violations — was also criticised as a measure likely to deter eminent professionals from participating in the voluntary sector. The Assembly further raised alarm over provisions empowering a designated authority to take over, and even dispose of, assets created using foreign contributions if an organisation's FCRA registration is cancelled, suspended, or not renewed.
Additionally, the resolution warned that an undefined reference to 'proselytisation' in the amendments could be misused against organisations working among tribal and other vulnerable communities.
BJP's Dissent and Federal Argument
BJP member V. Muraleedharan moved counter-amendments to the resolution, contending that state legislatures have no authority to seek changes to laws enacted by Parliament and that such a resolution was itself contrary to the principles of federalism. The House rejected his amendments before adopting the original motion by an overwhelming majority.
Broader Constitutional Concern
The resolution, as adopted, maintains that the proposed law and rules violate constitutional freedoms and undermine the federal structure of governance. It calls upon the Union Government to withdraw the amendments in their entirety. This comes amid a wider national debate over the Centre's regulatory reach into civil society, with several opposition-governed states raising similar concerns about the FCRA framework. The Centre is yet to respond formally to the Kerala Assembly's resolution.