Union Minister Kiren Rijiju expressed confidence that the Supreme Court will not interfere in legislative matters while responding to challenges against the amended Waqf Act. He emphasized that such issues fall strictly within the domain of Parliament and not the judiciary.
Minority Affairs Minister Kiren Rijiju expressed confidence that the Supreme Court would refrain from interfering in legislative matters regarding the amended Waqf law.
He also questioned Bengal Chief Minister Mamata Banerjee’s authority and constitutional right to hold her position, given her declaration that the amended law would not be enforced in her state.
This statement comes amid rising tensions surrounding the law, which has faced challenges in the Supreme Court from various individuals and organizations, alongside Ms. Banerjee’s strong opposition in Bengal.
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The Supreme Court is set to hear the petitions on Wednesday.
Rijiju stated,
“I am confident that the Supreme Court will not venture into a legislative matter,”
He added,
“We have to respect each other. If tomorrow the government interferes into judiciary, it won’t be nice. The separation of powers is well defined,”
He further noted,
“I have not seen any other bill being scrutinised so much… one crore representation, maximum sittings of the JPC (Joint Parliamentary Committee) and a record in Rajya Sabha while debating the bill.”
Previously, the Supreme Court had indicated that it would avoid encroaching on legislative authority.
However, as the ultimate authority on constitutional matters, it has agreed to hear the petitioners, who argue that the amended law infringes on several fundamental rights, including equality and religious freedom.
In Bengal, Mamata Banerjee who previously refused to implement the Citizenship Amendment Act, the National Register of Citizens, and the Uniform Civil Code has now added the amended Waqf law to that list.
When asked about her position, Rijiju suggested that it might imply Ms. Banerjee does not uphold the Constitution of India.
Mr. Rijiju told,
“What kind of bizarre statement is that?”
He added,
“Does Mamata or anybody not care for the people? They treat Muslims as mere vote bank. It will be a black day, the moment they defy… Anybody who says they will not obey the act passed by the Parliament of India – does he or she have any moral authority and Constitutional right to occupy that position and hold the Constitution book? Do they respect Ambedkar? What kind of message do they want to send? Very unfortunate,”
While the responsibility for implementing the law lies with state governments, the BJP has asserted that states cannot override Central laws.
BJP spokesperson and Rajya Sabha MP Sudhanshu Trivedi stated,
“We want to make it clear that after the 73rd and the 74th amendments in the Constitution, powers of the Centre, state and district-level governments are clearly defined. No district panchayat can go beyond the law passed by the state assembly and no state can bypass the law passed by the Centre (Parliament),”
The Opposition has labeled the amended law as unconstitutional, highlighting several controversial provisions, such as the mandatory inclusion of two non-Muslim members in the Central Waqf Council and Waqf Boards, and the requirement that individuals must have practiced Islam for at least five years to donate properties to Waqf.
Additionally, the proposed law stipulates that government property designated as Waqf will no longer belong to the government, with ownership determined by the local Collector.
Also Read: Kiren Rijiju in Rajya Sabha|| “Waqf Bill Will Benefit Crores of Poor Muslims”
The BJP maintains that the bill was developed after extensive consultations and enjoys support from non-Muslim minorities. The bill has undergone scrutiny by a Joint Parliamentary Committee, with many suggested amendments incorporated.
The government argues that the bill focuses on property management rather than religious issues.
It claims that vast amounts of land and property have been appropriated by Waqf, resulting in significant irregularities that have prevented Waqf properties from benefiting economically disadvantaged members of the Muslim community, which the amended law aims to address.
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