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FCRA Amendment Bill 2026 Puts NGO Foreign Funding Under Fresh Scrutiny

The FCRA Amendment Bill, 2026 proposes vesting assets of deregistered NGOs in a government authority, sparking concern among civil society groups.

A proposed overhaul of India's foreign funding law has placed the country's non-governmental organisations at a fresh crossroads, with the government and civil society divided over how foreign contributions should be regulated.

The Foreign Contribution Regulation Act was first enacted in 1976, when a government of a different political complexion was in power. The apprehensions driving it then — that foreign powers could destabilise the country by financing civil society organisations — remain the stated rationale behind the more stringent FCRA Amendment Bill, 2026. In the current instance, an unstated concern about religious conversion by Christians and other religious minorities is also seen to be at play.

The Bill has not yet been enacted, following strong objections from opposition parties and a range of civil society groups, particularly Christian organisations.

What the Bill proposes

Under the proposed legislation, if an FCRA certificate is cancelled, surrendered or lapses automatically, foreign contributions and all assets created from them would vest in a government-appointed "designated authority". An organisation could recover those assets if its registration is restored within the prescribed period. Permanent vesting would occur only if registration is not restored in that window. The Bill also provides for revision and an appeal before the District Judge.

Should a fresh certificate not be obtained within the prescribed period, the assets could be sold or transferred to a government department, with the proceeds credited to the Consolidated Fund of India. During the provisional-vesting period, however, restoration of registration would result in the return of the assets and any unused foreign contribution.

Scale of the sector

Government data show that 22,496 NGO registrations have been cancelled since 2015, leaving about 14,466 active registered associations eligible to receive foreign contributions as of September 2026. The sums involved are substantial: receipts from private international donors stood at ₹12,289.6 crore in 2006-07, the last year for which figures were available at the time of writing a 2010 book on the subject, and current inflows are larger.

The government argues that foreign funds entering the NGO sector form a vast, intricate and opaque web. It contends that thousands of crores of unmonitored capital arrive each year under the banners of development, human rights and social welfare, much of it bypassing state accounting mechanisms and flowing into politically charged campaigns, selective local advocacy and aggressive proselytisation networks.

Concerns of organisations

NGOs, especially Christian organisations — which the government says receive a larger share of funds among religious associations — fear the legislation may not be religion-neutral. They argue that the real sufferers would be the beneficiaries of charitable institutions, including schools, hospitals and old-age care homes. Leaders from the northeast and tribal areas have pointed out that such institutions are sometimes the largest or only providers of these services in many regions.

Critics of the measure also note that different funding sources have differing effects on organisations and their effectiveness, since the payer of the piper tends to call the tune. While foreign aid to NGOs is small relative to government budgets and reaches only a fraction of organisations, it is highly valued as an alternative and more flexible source of funding, tailored to an NGO's needs through discussions with donors.

Research based on desk study and interviews with large and small NGOs suggests that while a few organisations saw adverse consequences — such as the adoption of ideas and practices unsuited to Indian conditions — most felt foreign funds had contributed to India's development and to the growth of the voluntary sector, bringing new ideas, techniques, technologies and organisational improvements. In the absence of adequate government funding and private philanthropy, foreign aid played a positive role.

A changing funding landscape

Questions are nonetheless being raised about whether foreign funds remain indispensable. The voluntary sector is more developed today, and bona fide foreign donors are themselves moving away from giving to India amid their own economic difficulties and a perception that a country aspiring to be the world's third-largest economy no longer needs aid.

The domestic funding environment has also improved. India has 229 billionaires, the third-largest number after the United States and China, and private philanthropy was projected to reach ₹1.43 lakh crore ($16 billion) in FY 2025, alongside retail giving of about ₹37,000 crore annually. Demand, however, is growing faster than supply, with the gap projected to reach ₹18 lakh crore ($210 billion) by 2030. New philanthropists, particularly entrepreneurs and technology leaders, are shifting towards ecosystem building, scientific research, higher education and complex institutional support — good news for social change, but less so for NGOs delivering traditional education, health and welfare services.

Corporate social responsibility spending by listed companies stood at ₹22,563 crore in FY25, up 17.5%, and many companies rely on NGOs as partners in health, education and rural development.

If the government ultimately limits foreign funding, the future need not be bleak provided domestic philanthropy steps up. Indigenous donors and the government would need to become more responsive to NGOs, adopt some of the practices that made foreign aid sought after, and engage in serious dialogue on funding practices to address dissatisfaction on both sides.