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India Minister Defends Amended Waqf Law as Constitutional Row Escalates

by bodhiwire
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New Delhi, April 15 – India’s Minority Affairs Minister Kiren Rijiju on Monday defended the controversial amendments to the Waqf law, expressing confidence that the Supreme Court would not interfere in legislative matters, even as legal and political challenges to the law intensify. Speaking to NDTV, Rijiju said the Supreme Court “will not venture into a legislative matter” and cautioned against any overreach that could disrupt the constitutional separation of powers.

The amended law, which governs the administration of Waqf properties—endowments made by Muslims for religious or charitable purposes—has drawn fierce criticism from opposition leaders and civil society groups. Multiple petitions challenging the amendments are scheduled to be heard by the Supreme Court on Wednesday.

West Bengal Chief Minister Mamata Banerjee has declared that her state will not implement the new law, mirroring her earlier refusals to enforce other contentious federal measures such as the Citizenship Amendment Act (CAA), the National Register of Citizens (NRC), and the proposed Uniform Civil Code (UCC).

Rijiju questioned Banerjee’s constitutional authority to defy a law passed by Parliament. “Anybody who says they will not obey the act passed by the Parliament of India—do they have any moral authority and Constitutional right to occupy that position?” he asked, adding that such defiance sent a “very unfortunate” message.

The Bharatiya Janata Party (BJP)-led federal government has maintained that state governments cannot override laws enacted by Parliament. “No state can bypass the law passed by the Centre,” said BJP spokesperson and Rajya Sabha MP Sudhanshu Trivedi, citing constitutional provisions that define the distribution of powers among central, state, and local governments.

The amended law has sparked controversy over several provisions, including the mandatory inclusion of two non-Muslim members in the Central Waqf Council and state Waqf Boards, and a clause restricting property donations to Waqf to individuals who have practiced Islam for at least five years.

Critics argue the law violates fundamental rights, including equality and religious freedom. The Supreme Court, while reaffirming it will not intrude upon legislative territory, has agreed to hear the concerns raised.

The government insists the amendments aim to improve transparency and governance. “Huge lands and properties have been taken over by Waqf, and there were largescale irregularities,” Rijiju said. “This law is about property and its management, not religion.” He added that the bill had undergone extensive scrutiny, including a record number of sittings by the Joint Parliamentary Committee and over one crore public representations. Despite mounting opposition, the BJP says the law has support across communities and is designed to benefit economically disadvantaged sections within the Muslim population.

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