SC's order on Waqf act goes long way towards "undoing mischievous intentions": Jairam Ramesh

New Delhi [India], September 15 (ANI): Senior Congress leader Jairam Ramesh on Monday welcomed the Supreme Court's interim order staying certain provisions of the Waqf (Amendment) Act, 2025 and said that the top court's ruling is a "win" for the constitutional values of justice, equality, and fraternity.
In a post on X, the Congress General Secretary (Communications) said that the interim order represents a substantial victory not just for the parties that opposed but also for all those members of the Joint Parliamentary Committee who had expressed their dissent against the "arbitrary" law.
"The order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute," Jairam Ramesh said.
He further mentioned that counsels representing the opposition parties had argued that the law would result in the "creation of a structure where anyone and everyone could challenge the status of the property before the Collector" and the status of the property "would be in limbo while in such litigation".
"The intention behind these sections was always apparent - to keep the voter base inflamed and create an administrative structure to indulge those seeking to foment religious disputes," said Ramesh as he targeted the BJP-led Union government.
The Supreme Court on Monday refused to stay the entire Waqf (Amendment) Act 2025, but put on hold certain provisions pending the final adjudication of petitions challenging the constitutional validity of the Act.
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. Passing the interim order, the bench stayed the provision in the Act that a person should be a practitioner of Islam for five years to create a Waqf.
"We welcome this order as a win for the constitutional values of justice, equality, and fraternity," Ramesh expressed satisfaction over the order.
The Supreme Court said the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam.
The bench said that without any such rule or mechanism, the provision will lead to an arbitrary exercise of power. The apex court also stayed the provision allowing the Collector to decide the dispute whether a Waqf property has encroached upon a government property. It said the Collector cannot be permitted to adjudicate the rights of personal citizens, and this will violate the separation of powers.
Union Minister for Minority Affairs Kiren Rijiju on Monday also welcomed the Supreme Court's order, saying that the decision reflects the trust in our institutions, as he called the verdict a "good sign for our parliamentary democracy".
"We welcome the Supreme Court's order on the Waqf Act. The government's solicitor general strongly put all the aspects and intentions of the government in the hearings. This is a good sign for our Parliamentary democracy. This topic was extensively debated in both houses of Parliament. Some people unnecessarily challenge in the Supreme Court. You cannot challenge the authority of Parliament, you can challenge certain provisions of the law, and the SC put a stamp on this aspect," Rijiju told reporters in Mumbai.
On SC's order in the Waqf Amendment Act, BJP leader Mukhtar Abbas Naqvi said that the court has the right to scrutinise any law of the parliament, and the government has presented its side in the matter.
Taking on the opposition parties, he said that the "corrupt lobby" wants a "license to loot" and hence they are openly protesting against the Waqf Amendment Act.
"The decision of improvement in the entire Waqf system, which was passed by the parliament, is purely for the protection of faith and reform of order. Unfortunately, the corrupt lobby wants a license to loot. That is why they are trying to create uproar, commotion and imaginary illusions. They are people who made the whole system of Waqf 'touch me not'. They want a formula of communal entry or no entry in this secular country. No kind of communal attack should be accepted on this," Naqvi told ANI.
The Waqf (Amendment) Act, which was tabled in the Lok Sabha and Rajya Sabha on April 2 and 3, respectively, was passed in both Houses and later received the President's assent on April 5, after which it became law. (ANI)