New Delhi: The Waqf Amendment Bill has officially become law following President Droupadi Murmu's approval. At first glance, there appear to be no significant barriers to the implementation of this law, especially after extensive debates in both houses of Parliament. The government views this as a major victory; however, a critical twist remains.
While the Waqf Bill is now law, an important aspect is still pending: a petition has been filed in the Supreme Court challenging this law. Political parties including Congress, AAP, and AIMIM have raised concerns. This leads to the question: can the Supreme Court repeal the Waqf law?
Can the Supreme Court Repeal the Waqf Act?
The straightforward answer is yes, the Supreme Court has the authority to repeal the Waqf law. However, this would only occur if it is proven that the law violates the Constitution, specifically challenging its core principles. If such a violation is established, the Supreme Court could intervene and potentially repeal the law, which would pose a major setback for the ruling BJP government.
Does the Waqf Act Contravene the Constitution?
The primary challenge for the opposition is to demonstrate that the Waqf Act contravenes the Constitution. The foundation of their petition is Article 32, which allows citizens to approach the Supreme Court if their fundamental rights are infringed. This article empowers the Supreme Court to issue orders and directives to safeguard these rights.
Law infringes on the religious freedoms of Muslims: Oppn
The opposition presents several arguments against the Waqf Act. Firstly, they claim that the law infringes on the religious freedoms of Muslims, particularly suggesting that allowing non-Muslims on the board could undermine Muslim rights. If the Supreme Court agrees with this perspective, the government could face significant challenges.
Secondly, the opposition argues that the government has eliminated the Waqf bye User clause. This change means that if necessary documentation for any Waqf land is not available or if it is not registered, the Waqf would lose its rights over that land. This clause is another focal point of the opposition's challenge.
Laws have previously been contested in SC
It is worth noting that many laws have previously been contested in the Supreme Court, including the CAA-NRC and the abrogation of Article 370 in Jammu and Kashmir. In these cases, the argument centered around constitutional violations, and now the Waqf law has entered this realm of judicial scrutiny.
Prakash Kumar Pandey
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