New Delhi: Union Parliamentary Affairs Minister Kiren Rijiju on Monday welcomed the Supreme Court’s interim order on the Waqf (Amendment) Act, calling it a decision in favor of “democratic India” and assuring that the Centre would revisit the provision requiring five years of practicing Islam for the creation of Waqf.
Earlier in the day, a Bench led by Chief Justice of India B.R. Gavai, along with Justice A.G. Masih, declined to stay the Waqf Act in its entirety, observing that a law carries a presumption of constitutionality and can only be halted in rare cases. However, the court stayed the provision mandating five years of practicing Islam for creating Waqf until relevant rules are framed.
The Bench also struck down the provision that empowered a designated officer to determine whether Waqf land overlapped with government property, saying such authority could not rest with the executive as it violated the separation of powers. It further directed that no third-party rights be created until tribunal adjudication is complete.
Reacting to the verdict, Rijiju said, “I am satisfied with the judgment of the Supreme Court. This will benefit the poor, homeless and backwards classes of Muslims. Since the Supreme Court is the top court, it will surely have an impact. In a way, the decision has upheld the one that was made in Parliament. We will go through the provision of the practicing Muslim once again.”
He also criticized the Opposition and those challenging the Act. “I have not read the judgment yet; however, the spirit of the order is in favor of democratic India. Some people just unnecessarily challenge the Parliament's authority in the Supreme Court. One can challenge the provision but not the authority of the Parliament,” he said.