"Unconstitutional": Congress MP Gives Notice Opposing Waqf Amendment Act
Congress MP Hibi Eden has given notice against the Waqf Amendment Bill, which is all set to be tabled in the parliament today, stating that he opposes the bill, calling it “unconstitutional.”
The notice accessed by Timeline notes that the bill conflicted with the right to property (Article 300 A), is an infringement of the fundamental rights of religious freedom (Article 25), and an encroachment on the state’s powers (Seventh Schedule).
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Stating that he gave notice of his intention to oppose the introduction of the Waqf amendment bill, the Ernakulam MP outlined that the bill was unconstitutional on three basis. He notes that the bill violates Article 300 A by potentially infringing on the property rights of individuals and religious institutions without adequate legal safeguards.
The MP then points out that the bill’s imposition of new conditions for creating waqf and requirement for existing waqf to register detailed information on a government portal might be perceived as an undue interference in the administration of religious endowment.
Read Also: “Omission Of Key Section, Removal of Mutawalli…”: Amendments In Waqf Act
The Kerala MP further underlined that the bill might encroach upon the powers of the State List as specified in the seventh schedule of the constitution. “Matters concerning religions endowments and Waqf properties typically fall under the purview of state legislation,” Hibi Eden wrote. As per the amendment, the act seeks to assign collector, instead of the state Waqf board, which held the power so far, to deem any property as Waqf.
The Waqf amendment act, which seeks to cut the power of the board including the right to determine if a property is Waqf, will be tabled today by the Union Minority Minister. Muslim bodies including the All India Muslim Personal Law Board have rejected the bill, appealing to the NDA allies and opposition parties to oppose the bill ensuring it is not passed in the parliament. Political parties including the Indian Union Muslims League, All India Majlis-e-Ittehadul Muslimeen, Samajwadi Party and now a Congress MP have vowed to oppose the bill
