In its plea, ADR had argued that there is an inherent conflict of interest in the Central government implementing the Act. It was stated that a political party at the helm of affairs could have differing perspectives on development, public policy and national interest.
ADR also expressed apprehensions regarding enforcement of the FCRA against the actions of political parties as well. The Court was told that since the bureaucracy works in close connection with the political executive, there is a possible conflict of interest which could mean that certain political parties are not penalised for transgressions under the FCRA.
It was also stated that FCRA may hinder judicial independence, as it can be wrongfully used against judicial officers, who are also prohibited from accepting foreign contributions.
Source: Barandbench
