LawChakra

Assembly Passes Resolution Against Waqf Bill: ‘Despite Objections from Religious Bodies, Bill Introduced Unilaterally’

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The state assembly passed a resolution against the Waqf Bill, urging the Union government to reconsider its provisions. Supported by the ruling party, the resolution emphasized the need for broader consultations with all stakeholders before implementation. Lawmakers argued that the bill could have far-reaching consequences and should be reviewed carefully. The decision reflects growing concerns over the bill’s potential impact on communities and religious institutions.

The state legislative assembly passed a resolution opposing the Centre’s proposed Waqf (Amendment) Bill, citing concerns about its effects on state autonomy and the management of Waqf boards, during a walkout by the Opposition.

The resolution, introduced by law minister HK Patil, received support from the ruling party and urged the Union government to reconsider the bill, highlighting the need for broader consultations with stakeholders.

The Congress party contended that the amendment would centralize control, thereby undermining the state’s authority over Waqf properties and governance.

Patil stated,

“The House has unanimously rejected the Waqf (Amendment) Bill, 2024, as it goes against the interests of the state’s people.”

The resolution also called on the Centre to withdraw the legislation.

He added,

“The Act does not reflect the aspirations and opportunities of all sections of the people in the country. This House unanimously rejects the amendment to the Waqf Act, as it is completely against the universal aspirations of the people of Karnataka and the secular principles of the nation. In this context, this House unanimously requests the central government to take immediate action to withdraw the Waqf (Amendment) Bill, 2024.”

The resolution also addressed concerns raised by the Karnataka State Waqf Board and various stakeholders who opposed the proposed amendments.

It stated,

“Despite objections from institutions and religious bodies, the bill was unilaterally introduced in Parliament.”

Patil emphasized that the 2013 amendments to the Waqf Act already established a framework for managing Waqf properties, which encompass 28 endowed institutions in the state.

Referencing constitutional provisions, the resolution highlighted that matters concerning Waqf properties are included in the Concurrent List, granting both state and central governments legislative authority.

However, it argued that the proposed amendments encroach upon the state’s executive and legislative powers.

Adding that any legislative changes must involve state authorities, the resolution asserted,

“In Entry 10 of our list, burial grounds are mentioned, while Entry 45 addresses land and land records. These subjects fall under the exclusive jurisdiction of the state government. The Centre does not have the authority to amend laws related to these matters,”

Leader of the Opposition R Ashoka criticized the resolution, claiming it distracted from more pressing issues.

He stated,

“The situation has escalated. This is not just about farmers; people are facing eviction. Even the school where Visvesvaraya studied has been marked for demolition. Temples, monasteries, and Basavanna’s temple have all been targeted,”

He further questioned the state government’s position, remarking,

“Thousands of acres of land have been looted. People are trying to claim land wherever they can. Even Google has recorded this. Did this happen during our tenure or someone else’s? If notices were issued, would that be a mistake? Even after all this, the government still blames the Centre.”

Ashoka also noted that if 50% of the states approve a law, it becomes legally binding.

He concluded,

“We have more than 50% of BJP-ruled states. There are 18 states in our favor. Shouldn’t they have at least this much common sense? But they are not interested,”

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