Lagatar24 Desk
New Delhi: Trinamool Congress MP Derek O’Brien has criticised the Centre after the Supreme Court temporarily stayed key clauses of the Waqf (Amendment) Act, calling the ruling more than “a rap on the knuckles” of a government resorting to “subterfuge legislation.” The apex court held that provisions requiring a person to be a practising Muslim for five years to create a Waqf, and empowering Collectors to adjudicate disputes, would remain suspended until proper rules or tribunal mechanisms are in place.
TMC Leader Flags Minority Rights Concerns
Writing in a blog, O’Brien argued that the Act undermines equality, freedom of religion and protection against discrimination, warning that selective laws targeting minority groups erode democratic principles. He alleged that the Bill was rushed through Parliament late at night and dissenting notes in the JPC report were erased, reflecting a “mockery” of legislative procedure. O’Brien linked the Waqf law to a wider pattern of “customised” measures — such as anti-conversion laws and the Citizenship Act — that place the state in the role of arbiter of identity, potentially weakening constitutional safeguards.
Supreme Court’s Interim Order Explained
A bench of Chief Justice BR Gavai and Justice Augustine George Masih declined to halt the entire Act but stayed contentious provisions. The judges ruled that the five-year Muslim practice requirement lacked defined criteria and risked arbitrary use, while Collectors deciding encroachment disputes would breach separation of powers. They also froze rules limiting non-Muslim representation on Waqf Boards and Councils until further review. The court emphasised that fundamental rights and administrative fairness must guide legislative design, setting the stage for a deeper constitutional examination of the law.
