Kerala Assembly passes resolution urging Central govt to withdraw Waqf (Amendment) Bill

Kerala Minister for Minority Welfare, Sports, Waqf, and Pilgrimage, V. Abdurahiman presented a resolution urging the Central Government to withdraw the 2024 Waqf (Amendment) Bill, citing that it violates the basic principles of the Constitution.

The motion to withdraw the 2024 Waqf (Amendment) Bill stated that the bill aimed at amending the Waqf Act of 1995 (Central Act No. 43 of 1995), has been presented in Parliament. The Joint Parliamentary Committee (JPC) has received this bill and has invited opinions from various stakeholders, state waqf boards, and various organizations regarding the bill.

Based on the aforementioned Act of 1995 and the amendments made to it over the years, the state waqf boards and the state waqf department have been functioning as guardians of waqf properties. Since the legislative authority for this law is exercised under Entry 28 of List III (Concurrent List) of the Seventh Schedule of the Constitution of India, which includes "Charities and Charitable Institutions, Charitable and Religious Endowments, and Religious Institutions," both the central and state governments have equal legislative authority over the subject of waqf.

The Waqf Act exists to ensure the protection of waqf endowments and institutions, guaranteeing the rights of religious communities as stipulated in Article 26 of the Constitution, which is a fundamental right and a cornerstone of the Constitution.

Currently, the provisions proposed in the bill are such that they encroach upon numerous powers of state governments concerning waqf matters and are against the federal principles of the Constitution. Furthermore, the operation and authority of the boards and waqf tribunals responsible for overseeing waqf are being weakened, which violates the secular principles advocated by the Constitution.

The proposed board, which consists solely of nominated members and a nominated chairman, excludes democratically elected representatives, thus contradicting democratic provisions.

Similarly, many other provisions in the amendment bill are unacceptable.

Since the fundamental rights, freedoms, federalism, secularism, and democracy guaranteed by the Constitution cannot be compromised in any way, as these pertain to the rights of citizens to their beliefs,

Therefore, this House unanimously requests the central government to withdraw the 2024 Waqf (Amendment) Bill, which contains provisions that violate the fundamental principles of the Constitution. (ANI)