MUMBAI/NEW DELHI: Welcoming SC's order in Waqf Amendment Act , Union minister Kiren Rijiju said Monday the judgment has validated govt's case for significant reforms in waqf laws , emphasising the amended Waqf Act remains fully operational.
Rijiju who piloted the legislation in Parliament emphasised that govt in its affidavit said the Act had been drafted with due care, and said that the "court's decision not to stay the law in its entirety reinforces settled principle that parliamentary legislation carries a presumption of constitutionality".
He conceded the court found the provision which said a waqf property would cease to be so the moment an inquiry is initiated into its status as waqf, to be arbitrary. "The ministry will fully comply with the court's directions and continue to work closely with state waqf boards and central waqf council." Rijiju, however, added the court had agreed in principle that only an individual who has been a practising Muslim for at least five years can make waqf endowments because of the possibility of individuals converting to Islam misusing waqf to evade law.
He said that SC had upheld the provisions of the Act about deletion of the concept of 'Waqf by User' as it has resulted in large-scale encroachment on govt properties. "The judgment is a step forward in ensuring that Waqf assets are protected, developed and utilised for the welfare of the community and the nation."
"I am satisfied with the judgment of Supreme Court and because it is the highest court of the country, whenever any decision comes from the SC, it has an impact, and in a way, the decision of Parliament of India has been upheld. We will see the case of a practising Muslim and what should be included in the rules," the minister said.
Rijiju who piloted the legislation in Parliament emphasised that govt in its affidavit said the Act had been drafted with due care, and said that the "court's decision not to stay the law in its entirety reinforces settled principle that parliamentary legislation carries a presumption of constitutionality".
He conceded the court found the provision which said a waqf property would cease to be so the moment an inquiry is initiated into its status as waqf, to be arbitrary. "The ministry will fully comply with the court's directions and continue to work closely with state waqf boards and central waqf council." Rijiju, however, added the court had agreed in principle that only an individual who has been a practising Muslim for at least five years can make waqf endowments because of the possibility of individuals converting to Islam misusing waqf to evade law.
He said that SC had upheld the provisions of the Act about deletion of the concept of 'Waqf by User' as it has resulted in large-scale encroachment on govt properties. "The judgment is a step forward in ensuring that Waqf assets are protected, developed and utilised for the welfare of the community and the nation."
"I am satisfied with the judgment of Supreme Court and because it is the highest court of the country, whenever any decision comes from the SC, it has an impact, and in a way, the decision of Parliament of India has been upheld. We will see the case of a practising Muslim and what should be included in the rules," the minister said.
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