NEW DELHI, Apr 25: The Centre has opposed any stay, partial or complete, on implementation of the on the new Waqf laws and told the Supreme Court on Friday that courts could not block statutory provisions.
The Supreme Court was hearing petitions alleging fundamental rights violations by the new Waqf act. In a submission this afternoon, the government argued that in such cases it is a settled position in law that courts do not have authority to stay statutory provisions, either directly or indirectly.
“There is a presumption of constitutionality that applies to laws made by Parliament and an interim stay is against the principle of balance of powers,” it said, “The law has been made on the recommendations of a Joint Parliamentary Committee… followed by an extensive debate in both Houses of Parliament.”
“And, while the Supreme Court undoubtedly has the power to examine the constitutionality of the law, at this interim stage the grant of an injunction against operation of any provision would be violative… of the delicate balance of power between the different branches of the State.”
The government also argued the petitions in this case “do not complain of injustice in any individual case” and, therefore, do not call for protection by any interim order. Last week the court had made it clear it would not trespass into the domain of the Legislature, and that the separation of powers had been made clear by the Constitution.
The apex court is hearing a handful of petitions, bunched together from about 200 separate petitions, challenging the new laws, which include rules that non-Muslim members must be part of the Central Waqf Council and state-specific boards, and that donations may only be made by practicing Muslims. The petitioners have argued these violate multiple fundamental rights. The court then had asked tough questions of the government, including if it would allow Muslims to be part of Hindu endowment boards.
Among those who have challenged the law are leaders of opposition parties like the Congress, AAP, DMK, and CPI, as well as Bihar Chief Minister Nitish Kumar’s JDU, a BJP ally. That is significant given Bihar – which has a large chunk of Muslims – votes in an Assembly election later this year. Religious organisations and NGOs, like the Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board, have also filed objections. Some petitioners have sought cancellation of the law while others have requested a freeze.
Giving reasons for bringing the amended act, the Centre told the Supreme Court that the “shocking” misuse of Waqf provisions enabled “rampant encroachments” into private and government properties, leading to a 116% rise in Waqf lands between 2013 and 2024, a phenomenal high unmatched even in the Mughal period.
“After the amendment brought in the year 2013, there is a 116% rise in auqaf [assets] area. It is submitted that right before even Mughal era, pre-Independence and post-independence eras, the total of Waqfs created was 18,29,163.896 acres of land in India. Shockingly after 2013, in just 11 years, the addition of Waqf land is 20,92,072.536 acres… The figure of 20 lakh acres is additional and not the total figure. The total comes to 39,21,236.459 acres of land,” a preliminary reply, filed by the Ministry of Minority Affairs and shared on Friday said.
The entire response of the Centre, along with annexures, is over a thousand pages long, and objects to the possibility of any kind of judicial stay on the full implementation of the amendments. The Centre said the “phenomenal” increase in Waqf property and serious complaints of land-grabbing had convinced the Parliament to enact the will of the people through a new law.
(Manas Dasgupta)
