New Delhi, April 2
Trinamool Congress (TMC) MP Kalyan Banerjee on Wednesday strongly opposed the Waqf (Amendment) Bill, calling it a direct violation of the Constitution.
He claimed that the bill "hits the basic structure" of the Constitution and encroaches upon the rights of the Muslim community to manage its religious affairs.
Speaking in the Lok Sabha during the debate, Banerjee argued that the bill impacts two key areas -- governance of religious aspects of the Waqf Board and granting state governments the power to decide disputes related to Waqf properties, including land and buildings.
Citing Article 26 of the Constitution, Banerjee stated: "Waqf is an institution for religious and charitable purposes. Muslims have the constitutional right to manage their own religious affairs because Waqf property belongs to Allah."
He asserted that the bill violates these rights and, therefore, is in "clear breach" of the Constitution.
Discussing the provision that allows a person practising Islam for five years to declare a Waqf, Banerjee argued that religious duties cannot form the basis of legislation.
"An individual can discharge their religious duties at any point in their life, even at the time of death," he pointed out.
Banerjee also claimed that the Bill falls under the state list, and therefore, Parliament does not have the power to legislate on Waqf-related land and buildings.
"The Parliament is now encroaching upon the power of state legislation. Thus, it is completely unconstitutional," he said.
Declaring his party's strong opposition, Banerjee made it clear that the Trinamool would vote against the Bill.
He also accused the ruling party of attempting to divide the Waqf boards based on sects, calling it a reflection of their "evil intention."
"Under the guise of the Waqf Amendment Bill, the government is attempting to create different classifications of Waqf boards based on sects. If the title speaks of unification, then why does the bill seek to divide?" he asked.
Banerjee alleged that the Bill was a government ploy to seize control of Waqf properties, which he described as the backbone of the Muslim community.
He further asserted that the proposed legislation was an attempt to create divisions between Hindu and Muslim communities.
Terming the Bill "misconceived, irrational, and arbitrary," Banerjee also criticised the removal of Section 40, which deals with claims over Waqf property.
He argued that this omission would leave the Waqf legislation powerless, calling it a "toothless doll."
With strong opposition from the Trinamool and other parties, the debate over the Waqf (Amendment) Bill continues to intensify in Parliament.
— IANS
Reader Comments
Interesting perspective from the TMC MP. The constitutional angle is definitely worth discussing. However, I wonder if there's more to this bill that we're not seeing in the article. Would love to hear both sides of the argument.
This seems like a complex issue. If the bill really affects religious freedoms, it needs careful reconsideration. The government should ensure minority rights are protected while making any changes. 🤔
While I respect the MP's concerns, I think we need more details about what exactly the bill proposes to change. The article focuses mainly on opposition arguments without explaining the government's rationale.
As a Muslim, I appreciate leaders standing up for our community's rights. Waqf properties are crucial for our religious and charitable activities. Hope this gets proper discussion in Parliament! ðŸ™
The MP makes some strong points, but calling it an "evil intention" seems unnecessarily inflammatory. We can disagree on policy without attributing malicious motives. The tone matters in these discussions.
Constitutional experts should weigh in on this. The state vs central legislation angle is particularly interesting. This could set an important precedent for how religious institutions are governed.
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.