New Delhi: The Congress on Monday welcomed the Supreme Court order putting on hold several key provisions of the Waqf (Amendment) Act as a win for the constitutional values of justice, equality and fraternity, while asserting that it goes a long way towards undoing the “mischievous intentions” underlying the original statute.
Congress president Mallikarjun Kharge said the Supreme Court’s interim order in the matter had reaffirmed its resolve to protect the rights of minorities — a cause for which the Opposition stood united against the Modi government.
“The BJP had sought to bulldoze a divisive law, designed solely to inflame communal passions and reopen issues that India had long settled. The Congress party stands firm in defending the rights of every citizen, without fear or favour, as guaranteed by our Constitution,” Kharge said on X, alleging that the BJP, in contrast, thrives on dividing society for narrow electoral gains.
Congress general secretary in-charge communications Jairam Ramesh said the Supreme Court order on the Waqf (Amendment) Act represents a substantial victory not just for the parties that opposed this arbitrary law in Parliament but all those members of the Joint Parliamentary Committee who submitted detailed dissent notes which were then ignored but now stand vindicated.
“The Order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute,” Ramesh said on X.
Counsels for the opposition parties had argued that the law would result in the creation of a structure where anyone and everyone could challenge the status of the property before the Collector, and the status of the property would be in limbo while in such litigation, he said.
Additionally, only a ‘Muslim’ practising for five years could donate to a waqf, Ramesh said.
“The intention behind these sections was always apparent — to keep the voter base inflamed and create an administrative structure to indulge those seeking to foment religious disputes,” he said.
“With this order, the Supreme Court has — stayed the powers of the Collector; protected existing waqf properties from dubious challenges and; stayed the provision requiring proof of being a Muslim for five years until such times as rules are framed,” he said.
“We welcome this order as a win for the constitutional values of justice, equality, and fraternity,” Ramesh added.
Congress general secretary K C Venugopal said the Supreme Court’s order is a vindication of his party’s stand that this law is blatantly unconstitutional and designed to target a particular community.
“During the Parliament discussion, many opposition MPs including myself demanded: Removing the clause that mandated a person to be a Muslim for at least 5 years to create a Waqf; Removing the provision that gave District Collectors the powers to decide Waqf disputes; Doing away with the provision that allowed non-Muslims to be part of Waqf Councils,” he said.
The court has stayed two of these provisions, and has also reduced the number of non-Muslims allowed on Waqf Councils and observed that Chief Executives of the Waqf Boards should be from the Muslim community, he said.
This verdict is yet another tight slap on the face of this government that is solely focused on destroying the Constitution, Venugopal said.
“If they had paid heed to the opposition’s advice given in Parliament, they would have been spared this embarrassment. They should take the right lessons from this order and repeal the law immediately,” he said.
Syed Naseer Hussain, Congress general secretary and a member of the Joint Parliamentary Committee that examined the Waqf law, thanked the Supreme Court for its interim order.
“The Hon’ble Bench has reaffirmed the constitutional safeguards that protect minority rights and struck a balance between reform and representation. From the very beginning, I on behalf of the Congress party had cautioned the government repeatedly against including the three clauses that have been stayed today,” he said.
“I had pointed out that giving the Collector unbridled powers to entertain challenges… They undermined the autonomy of the Waqf Board and reduced the rights of the community, who are at the end of the day Indian citizens with the same constitutional and fundamental rights as anyone else,” he said.
They also left the waqf properties vulnerable to constant challenge by mischievous elements, Hussain said.
“Today’s ruling vindicates our stand that any reform must be transparent, consultative, and faithful to the Constitution of India,” the Congress leader said.
The Congress party remains committed to protecting the rights of minorities, upholding secular values and ensuring that community institutions like the waqf are managed with fairness, accountability and respect for constitutional principles, he said.
The Supreme Court put on hold several key provisions of the Waqf (Amendment) Act, including the clause that only those practising Islam for the last five years can dedicate a property as waqf, but refused to stay the entire law.
The apex court also pressed pause on the powers given to a Collector to adjudicate the status of waqf properties and ruled on the contentious issue of non-Muslim participation in Waqf Boards, directing that the Central Waqf Council should not have more than four non-Muslim members out of 20, and State Waqf Boards not more than three of 11.
