Possibly the biggest elephant in the room is the political contributions made by the foreign companies incorporated in India. Formerly, under the Representation of the People Act, no political party could receive funds from a foreign source. Any company whose nominal share capital was owned by a foreign entity to the extent of more than 50 per cent was forbidden to make any contribution to a political party.
However, the definition of a foreign company was changed by the Finance Act of 2016. A qualification was inserted that if a company was compliant with the prescribed limits under the Foreign Exchange Management Act, 1992 (FEMA), it would not be considered a foreign source even if more than 50 per cent of its share capital was owned by a foreign entity. Thus, a foreign company incorporated in India in defence production, which is allowed 75 per cent foreign ownership, can buy and donate electoral bonds to a political party if it complies with FEMA and the Foreign Direct Investment policy. So can a company that is 100 per cent owned by a FEMA-compliant foreign entity. Since the process of electoral bonds is totally opaque, no one knows if and to what extent such foreign companies are funding political parties.
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