New Delhi:
Minority Affairs minister Kiren Rijiju, refering to the legal challenge to the amended Waqf law, told NDTV today that he is “confident” that the Supreme Court would not “venture into legislative matter”. He also said Bengal Chief Minister Mamata Banerjee’s declaration that the amended law will not be implemented in the state raises questions on whether she has any moral authority or the Constitutional right to occupy that position.
The minister’s comment comes amid an escalating row over the law, which has been challenged in the Supreme Court by multiple individuals and organisations, and the staunch assertion of Ms Banerjee in Bengal. The Supreme Court will hear the petitions on Wednesday.
“I am confident that the Supreme Court will not venture into a legislative matter,” the minister told NDTV. “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 said.
“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,” he added.
Earlier, the Supreme Court had made it clear that it would not trespass into the domain of the legislature. But as the final arbiter on issues involving constitution, it has agreed to hear out the petitioners, who claim the amended law tramples on several fundamental rights, including the right to equality and the right to religious freedom.
In Bengal meanwhile, Mamata Banerjee — who refused to implement the Citizenship Amendment Act, National Register of Citizens and Uniform Civil Code last year — has now announced that the amended Waqf law will also join that category.
Asked about her stance, Mr Rijiju said it could indicate that Ms Banerjee does not believe in the Constitution of India.
“What kind of bizarre statement is that?” Mr Rijiju told NDTV.
“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,” he added.
While the implementation of the law rests in the hands of the state governments, the BJP has said the states have no power to bypass the Central laws.
“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),” said BJP spokesperson and Rajya Sabha MP Sudhanshu Trivedi.
The Opposition has called the amended law unconstitutional, pointing to the several contentious provisions that include mandatory inclusion of two non-Muslim members in the Central Waqf Council and Waqf Boards, and the stipulation that individuals who practiced Islam for at least five years only can donate properties to Waqf.
Also, under the proposed law, government property identified as Waqf will cease to belong to it and the local Collector will determine its ownership.
The BJP has said the bill was drawn up after consulting a large section of people and it has the support of non-Muslim minorities. The bill has also passed the scrutiny of a Joint Parliamentary Committee and many amendments suggested by the members have been included.
The government has contended that the bill is about property and its management, not religion.
Huge lands and properties have been taken over by Waqf and there were largescale irregularities that did not allow Waqf property to benefit the economically deprived sections of the Muslim community, which the amended law would do, it said.
