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As per the case facts, these petitions primarily challenge the constitutional validity of amendments to the Foreign Contribution (Regulation) Act, 2010, made by the 2020 Amendment Act. The petitioners, including
...trusts engaged in social upliftment activities, argued that the amendments were arbitrary, unreasonable, and infringed upon their fundamental rights. The appeal arose because the new provisions, particularly those concerning the receipt and transfer of foreign contributions and identification requirements, were seen as unduly restrictive. The question arose whether the amended provisions of the 2020 Act, specifically Sections 7, 12(1A), 12A, and 17, are intra vires the Constitution and the Principal Act. Finally, the Supreme Court declared that the amended provisions of the 2020 Act, namely Sections 7, 12(1A), 12A, and 17, are intra vires the Constitution and the Principal Act. Regarding Section 12A, the Court read down the provision to permit key functionaries/office bearers of applicant associations/NGOs who are Indian nationals to produce an Indian Passport for identification, considering it substantial compliance.
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