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24 June 2026

RSS legal status question

The topic provides conceptual clarity on the legal status of 'body of individuals' versus 'juridical persons' and the regulatory framework for associations, which serves as useful context for questions on NGOs and pressure groups.

2 min read Day 1 of 2 2 questions 2 prelims

Notes

  • Legal Person: A being or entity capable of rights and bound by legal duties; classified as 'natural' (living human) or 'juridical/artificial' (created by law).
  • Juridical Person: Possesses legal rights and obligations distinct from its members (e.g., companies under the Companies Act, 2013).
  • RSS Status: Describes itself as a 'body of individuals' and a voluntary socio-cultural organisation; it lacks formal registration as a corporate entity.
  • Income Tax Act, 1961: Section 2(31) defines 'person' to include a 'body of individuals', allowing for tax assessment of such entities.
  • Judicial Precedents: Courts have recognised the RSS as a 'body of individuals' in tax matters (Commissioner Of Income Tax v Rastriya Swayam Sangh, 1994) and as a party in civil litigation (Singhai Lal Chand Jain v RSS, 1996).
  • Registration Options: Voluntary associations in India typically register as a Society (Societies Registration Act, 1860), a Trust (Indian Trusts Act, 1882), or a Section 8 Company (Companies Act, 2013).
  • FCRA, 2010: Regulates foreign contributions; requires associations to be registered under specific statutes (Societies, Trusts, or Companies Act) and have a minimum three-year operational history to qualify.
  • Affiliates: Numerous organisations affiliated with the RSS operate as separately registered entities (e.g., ABVP is registered under the Societies Registration Act, 1860).

Part of a longer story

This is day 1 of 2 in RSS defamation case against Priyank Kharge, which has been running since 24 June 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Distinguish between a 'natural person' and a 'juridical person' in the context of Indian law. Discuss the legal implications of an unregistered 'body of individuals' regarding its capacity to sue and be sued. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Examine the regulatory framework governing voluntary associations in India. How do the requirements for registration under the Societies Registration Act, 1860, and the Foreign Contribution (Regulation) Act, 2010, ensure transparency and accountability for non-profit organisations? 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Under the Income Tax Act, 1961, which of the following is included in the definition of 'person'?

  2. Which of the following is a primary legal structure for registering a voluntary association in India?