Waqf Bill: SC will not reject the Waqf Amendment Act, but these three tests will have to be passed

Jyoti — Mon, 07 Apr 2025 04:01:52 +0000

After getting the President’s approval, the Wakf Amendment Bill has become a law. However, as soon as it was passed by both the houses of the Parliament, it was challenged in the Supreme Court.

So far, many petitions have been filed in which it has been challenged as against the Constitution and a violation of the fundamental right of religious freedom.

But if we look at the scope of the court to examine a law, it is a bit limited. The court examines any law on three grounds, legislative competence, violation of the Constitution and being arbitrary. If we look at all three grounds, it does not seem very easy to get it rejected by the Supreme Court.

What is the legal principle?

But it is definitely true that if a detailed decision comes from the Supreme Court after hearing the matter, then there can be a clear system regarding the management of religious charity properties in the country.
When the Waqf Amendment Act 2025 reaches the court, it becomes necessary to look at the established legal principles while considering any law.
Retired judge of Allahabad High Court SR Singh says that the Supreme Court considers the legality of any law mainly on three bases.

What are the three exams?

First, the person or organization that passed the law did not have the right to do so, i.e. legislative competence. Second, the law violates any provision of the Constitution or fundamental rights or is against the basic spirit of the Constitution. Third, the law was passed arbitrarily, i.e. arbitrariness.

What is the main basis of the petitions?

If the Wakf Amendment Act is judged on these three grounds, then it has been passed after hours of debate in the Parliament on the test of legislative competence. The second ground is violation of constitutional provisions.The main basis of the petitions filed in the court is that this law violates the constitutional rights and the right to religious freedom of Muslims.
What arguments were given in the petition?

The law is not against religious freedom

It is believed that the fundamental right to religious freedom will be the focus of the debate in the Supreme Court and whatever order the Supreme Court gives will be implemented. But if we look at the government’s argument on the law, according to it, this law is not against religious freedom but is related to the management of properties.

Systemic reforms needed

The government is justifying the law by arguing that systematic reforms were needed to address the challenges in Waqf management for which the Waqf Amendment Act 2025 was introduced. By ensuring transparency, accountability and legal oversight, Waqf properties can serve their intended charitable purposes without infringing the rights of non-Muslims and other stakeholders.

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Waqf Amendment Bill: Govt will take action as soon as Waqf Bill is passed, illegal properties of Waqf Board will be confiscated

Jyoti — Fri, 04 Apr 2025 09:51:17 +0000

Parliament passes Waqf Amendment Bill 2025: After the passing of the Waqf Amendment Bill 2025 in both the houses of Parliament, the Yogi Adityanath government of Uttar Pradesh is seen in action mode.

The properties of the Waqf Board illegally occupied in UP will be confiscated. According to the report, for this, the government has directed all the District Magistrates to run a campaign and identify these properties. After this, the Yogi government will confiscate the properties illegally declared as Waqf Board across UP. An investigation by the Uttar Pradesh government has revealed that many properties have been wrongly declared as Waqf properties. These also include lands like barns, ponds and puddles in rural areas.

According to media reports, according to the UP Revenue Department, only 2,963 Waqf properties are registered in their official records. The rest of the properties have been illegally declared as the property of the Waqf Board. The BJP government says that government and village society lands cannot be Waqf properties. Despite this, thousands of properties have been illegally declared as Waqf.

Officials said that government and village society lands cannot be declared as Waqf property. They said that after the pond land in Pilibhit was declared as Waqf, the case is also going on in the High Court. On this basis, the Revenue Department is conducting a survey in the whole of UP to find out how many such properties have been declared as Waqf land illegally. A detailed report has been sought from all DMs about this.

Chief Minister Yogi Adityanath on Thursday launched a frontal attack on the Waqf Board, accusing it of land encroachment and asserting that its arbitrary claims on public and historical sites will not be tolerated for long.

Addressing a public meeting in Shringaverpur, Prayagraj, he said, “You are seeing the occupation of the mythological land of Nishadraj here. There have been occupations in the name of Waqf at many places in the city. Even during the Kumbh Mela, statements were made that the land of Kumbh also belongs to Waqf. We had asked – has the Waqf Board become a land mafia?”

He emphasised that such encroachments have been removed under his government. He said the mafias have been driven out of Uttar Pradesh. “Many places, including the holy land associated with Nishad Raj, were encroached upon in the name of Waqf. But this will not be allowed to happen. Despite their objections, a grand and divine Kumbh Mela was organised,” the CM said.

The chief minister also praised Prime Minister Narendra Modi and Union Home Minister Amit Shah for taking legislative action against the alleged irregularities of the Wakf Board. “We are thankful to the Prime Minister and the Home Minister for curbing the arbitrariness of the Wakf Board. An important bill to address this issue has already been passed in the Lok Sabha and will now be passed in the Rajya Sabha as well,” he said.

The Waqf (Amendment) Bill was passed in the Rajya Sabha on Thursday after the Lok Sabha. CM Yogi Adityanath said the state will no longer tolerate illegal claims and national interest must come first. He said, “Those who are loyal to the nation will always find their way.”

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