The Indian government has said that it will oppose any move to stop the new Waqf laws from being enforced while the Supreme Court looks into challenges against them. The government argued that courts don’t have the power to block laws made by Parliament, whether fully or partially.
In its argument, the government explained that there is a legal presumption that laws passed by Parliament are constitutional. It also mentioned that the new law was passed after being thoroughly discussed in Parliament, including a review by a Joint Parliamentary Committee. According to the government, allowing a stay would upset the balance of power between the branches of the State.
The government also pointed out that the petitions against the law don’t claim any personal injustice, so they don’t need an interim order to stop the law.
Last week, the Supreme Court had made it clear that it would not interfere with the decisions made by Parliament, as it respects the separation of powers outlined in the Constitution.
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The case involves several petitions challenging the new Waqf laws, which include provisions requiring non-Muslim members to be part of the Central Waqf Council and state Waqf boards. The laws also state that donations can only come from practicing Muslims. Petitioners argue that these rules violate fundamental rights.
The court has raised tough questions, including whether the government would allow Muslims to be part of Hindu endowment boards, drawing comparisons between the two.
In a recent hearing, the Supreme Court mentioned the violence and deaths that have occurred in places like Bengal and Lucknow due to the law, and discussed whether an interim stay should be imposed. However, the stay was put on hold after the government requested more time.
A key development in the hearing was the government’s assurance that no new Waqf appointments or changes to Waqf properties would take place for now.
Opposition party leaders such as those from Congress, AAP, DMK, CPI, and Bihar Chief Minister Nitish Kumar’s JDU have filed objections against the law. Religious groups and NGOs, including the Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board, have also raised concerns. Some petitioners want the law to be canceled, while others want it to be frozen for now.
The Supreme Court will continue hearing the case in the coming days.
