Home India Refusing to implement Waqf Act Is unconstitutional, says India’s Minority Affairs Minister

Refusing to implement Waqf Act Is unconstitutional, says India’s Minority Affairs Minister

by bodhiwire
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NEW DELHI, April 17 – Indian Minister for Minority Affairs Kiren Rijiju said on Thursday that refusal by state governments to implement the Waqf (Amendment) Act, 2025, was “untenable” and amounted to a violation of the Constitution. Rijiju’s remarks come amid resistance from several opposition-ruled states, including West Bengal, Tamil Nadu, and Karnataka, which have either opposed the legislation or indicated non-compliance.

“Some of the statements coming from the Chief Ministers are a result of anger or emotion or politically motivated,” Rijiju told The Hindu, warning that such actions may lead to regret. “Just to cater to political constituencies, they made certain disparaging remarks… they will regret it.”

The Waqf (Amendment) Act, 2025, passed during the recent Budget session of Parliament, seeks to reform the governance of waqf properties in India. However, concerns have been raised by state leaders about the centralisation of powers and the Act’s implications for state autonomy, particularly as land and law and order fall under State jurisdiction.

West Bengal Chief Minister Mamata Banerjee has publicly declared that the Act would not be enforced in her state. In response, Rijiju stressed the supremacy of laws passed by Parliament, stating that “not to follow or implement the Act… is untenable.”

He noted that while some provisions fall under the Concurrent List, requiring both central and state involvement, non-compliance would be dealt with accordingly. “If the State governments fail to constitute the body as per the provisions of the Act, then they will have to face the consequences,” he said.

The central government is currently framing rules under the amended law, including the formation of a Central Council for waqf affairs. The Supreme Court is also hearing multiple legal challenges to the Waqf (Amendment) Act. Rijiju said constitutional office-holders must uphold the law. “Who can say that he or she will not follow the Constitution of India?” he added.

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