·The Hindu·15 marks·250–350 wordsPolity

Critically examine whether administrative disposal of assets without judicial adjudication is compatible with the principles of natural justice.

In this answer
  1. The case for administrative disposal
  2. Where it strains natural justice

Natural justice rests on two pillars — audi alteram partem (no one condemned unheard) and nemo judex in causa sua (no one a judge in their own cause). The Foreign Contribution (Regulation) Amendment Bill, 2026, which lets a 'Designated Authority' vest, manage and dispose of assets of de-certified organisations [1], makes this an urgent question.

The case for administrative disposal

  • Speed and expertise: foreign-funding regulation touches sovereignty, security and public order, the very grounds on which FCRA, 2010 was framed [3]; prolonged litigation would leave assets ownerless and unsupervised.
  • Not confiscatory in design: vesting remains provisional until certificate restoration, becoming permanent only after prescribed timelines, with proceeds going to the Consolidated Fund of India rather than private hands [1].
  • Built-in substantive safeguards: the religious character of a vested place of worship must be preserved, and penal imprisonment has been reduced from five years to one [1].
  • Government assurance that bodies aligned with India's sovereignty and integrity face no obstruction [2].

Where it strains natural justice

  • Hearing bypassed: vesting follows automatically from cancellation, surrender, expiry or mere non-renewal [1] — a procedural lapse attracting an asset-level consequence, which is disproportionate.
  • Judge in own cause: the same executive that cancels the certificate also controls disposal, without a prior independent adjudicator.
  • Constitutional friction: Article 300A permits deprivation of property only by authority of law read with fair procedure, while Article 14 forbids arbitrariness; a Money Bill-style absence of appellate architecture deepens the concern.
  • Reversed burden: personal liability of key functionaries unless they prove diligence [1] inverts the presumption of innocence.

Administrative action is not inherently incompatible with natural justice — courts have long accepted post-decisional hearings where urgency is genuine. Compatibility therefore turns on design: reasoned written orders, a time-bound appeal to an independent tribunal, and full restitution where certification is restored. Embedding these would let the Bill serve its stated goal of transparency [2] while honouring the due-process promise of Articles 14 and 300A.

Sources

  1. 1The Foreign Contribution (Regulation) Amendment Bill, 2026 — PRS Legislative ResearchDesignated Authority's vesting/disposal powers, trigger events, provisional vesting, Consolidated Fund, place-of-worship safeguard, reduced penalty, key-functionary liability
  2. 2MoS Nityanand Rai introduces Foreign Contribution (Regulation) Amendment Bill, 2026 in Lok Sabha — News on AIR (Prasar Bharati)stated objective of transparency and accountability; assurance to compliant institutions
  3. 3Foreign Contribution (Regulation) Act, 2010 — Ministry of Home Affairs (fcraonline.nic.in)parent Act's regulation of foreign contributions on sovereignty, security and public-order grounds
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