Bill breaches Muslims’ right to perform religious duty, violates Article 26: TMC
Bill breaches Muslims’ right to perform religious duty, violates Article 26: TMC
M.U.H
02/04/202520
New Delhi: The bill breaches the Muslims’ right to perform their religious duties and manage their religious affairs, thereby violating Article 26 of the Constitution, Trinamool Congress (TMC) lawmaker Kalyan Banerjee said on Wednesday countering the Waqf (Amendment) Bill introduced in the Lok Sabha.
Arguing that Parliament was overstepping its jurisdiction by encroaching upon state legislative authority in matters of waqf land, he said, “The bill is a clear breach of the Muslims to perform their religious duty and manage their religious affairs. Therefore, the bill is in complete violation of Article 26 of the Constitution,”
He said the Parliament lacked the authority to legislate on subjects in the State List under the Seventh Schedule and opposed the clause allowing an officer above the rank of district magistrate or collector to adjudicate government property disputes. “A person cannot be the judge of his own cause,” he remarked.
He criticised the bill’s provisions for establishing waqf boards based on sects and sub-sects within the Muslim community, including Agakhani and Bohra waqfs. “To legislate such waqf boards based on sub-sects, the ruling party has evil intention,” Banerjee said, alleging that this approach contradicted the bill’s stated goal of unification.
Banerjee raised concerns over the bill’s requirement that an individual must have “practised Islam for at least five years” to donate property as waqf, calling it an “unjust imposition”.
“If no person is compelled to practice their religion under the constitutional provision, such a person cannot be debarred from offering his property to god,” he said, pointing out that no such requirement exists for religious donations in other faiths.
Referring to the Raisina Hills region, where Rashtrapati Bhavan and other prominent structures stand, Banerjee said, “a Hindu had once donated property there for offering namaz, leading to the mosque in front of Parliament today.”
Banerjee also condemned the removal of Section 40 of the Waqf Act, 1995, which had empowered waqf boards and tribunals to declare land as waqf property. He argued that stripping away this provision would render waqf boards ineffective. “In such a situation, there is no need for waqf boards. The minister will have all the power,” he added.
