Supreme Court order on Waqf Act more than a rap on knuckles of govt: TMC leader Derek O'Brien

Trinamool Congress MP Derek O’Brien has slammed the government after the Supreme Court put on hold some key provisions of the Waqf Amendment Act, saying it was more than just a rap on the knuckles of those indulging in “subterfuge” legislation.

However, he said the Supreme Court will have to address probing questions like whether the Waqf Act flouts rights such as equality, and freedom of religion.

The Supreme Court on Monday declined to stay the entire Waqf Amendment Act but temporarily suspended specific provisions, including the clause requiring a person to be a practising Muslim for five years to create a Waqf.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih observed that some sections of the amended Act need some protection.

In a blog post, O’Brien said the week began for the Centre with another “black Monday.” He said the stay on the key provisions represents a “rap on the knuckles” of what he termed “subterfuge legislation,” but heemphasised that broader questions about selective lawmaking and minority rights remain.

The TMC leader pointed that the Supreme Court stayed two of the most contentious provisions of the Waqf Act, 2025- One, a person has to be a practising Muslim for five years before he can dedicate a property as Waqf, and the provision that a designated officer can adjudicate the rights of personal citizens.

The TMC leader said the passing of the Waqf (Amendment) Bill, 2025 in Parliament was marked by “chicanery and evasive tactics”.

He said the motion to refer the bill to a Joint Committee of both Houses of Parliament was, again, moved on the last day of the session, and when the report of the Joint Parliamentary Committee (JPC) was presented in Parliament, dissent notes by members of the Opposition had been “blotted out by using a whitener”.

He said the Waqf (Amendment) Bill was passed in Parliament in the dead of night, around midnight in Rajya Sabha, and before one in the morning in Lok Sabha, and added that Manipur was discussed at 3 am.

O’Brien said a major argument made in this case was of the principle of presumption in favour of constitutionality, which means that when a law’s constitutionality is challenged, courts should generally presume the law to be valid and uphold it unless it is clearly proven otherwise.

“It assumes that legislatures act in good faith and within their authority, and that invalidating laws should be an exception, not the default,” he said in the blog post on Monday.

source : mint

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Supreme Court order on Waqf Act more than a rap on knuckles of govt: TMC leader Derek O’Brien