WAQF BILL: WAQF Amendment Act will not be rejected from SC, but these three exams will have to be accepted -The WAQF Bill Court will not reject the WAQF Mediation Act on Legislative Compension, Violation of the Constitution and Arbitrary

The High Court on WAQF Amendment Act WAQF Bill filed in the petitions, filed in the Supreme Court, claims discrimination against Muslims and mentions that the law (sections 14 and 15) has violated. While the government argues that the interests of Muslim women in law and under section 15 were preserved, the government has the right to make special instincts for women. Mala Dixit, New -Delhi. The WAQF Amendment Bill became a law after the approval of the president. However, it was disputed in the Supreme Court as soon as it was passed by both houses of parliament. So far, many petitions have been submitted in which it was disputed against the Constitution and violated the fundamental right of religious freedom. But if the scope of the court to test a law is a little limited. The court investigates any law on three grounds, legislative competence, the violation of the Constitution and the arbitrary. When we look at the three grounds, it is not very easy to reject it from the peak court. What is the legal theory? But it is ruled that if a detailed decision comes from the Supreme Court after hearing the case, there is a clear system about managing religious donations in the country. When achieving the amendment of WAQF 2025, it is necessary to see the legal principles determined by a law. Sr. Singh, retired judge of the Supreme Court in Allahabad, says the Supreme Court is mainly considering the legality of any law. What are three exams? The first is that the person or institution who has approved the law does not have the right to it, that is, legislative community (legislative pursuit), secondly that the law violates any returns or fundamental rights of the Constitution or against the basic spirit of the Constitution. Third, arbitrary law, ie arbitrary. What is the most important basis of the petitions? If we look at the Waqf Amendment Act on these three grounds, it has been approved after an hour debate with Parliament on the test of legislative ease. The second basis is of violation of constitutional returns. The mainstay in the petitions filed with the court is that this law violates the constitutional rights of Muslims and the right to religious freedom. What was the plea in the petition? It is argued that all in Articles 25 and 26 of the Constitution have freedom of religious freedom and management of religious matters, while this new law interferes with this freedom of Muslims and increases the government’s interference. The petitions are also opposed to the inclusion of non -muslims among the members of the Waqf Council. The law is not considered against religious freedom that the fundamental right of religious freedom will be at the center in the debate in the Supreme Court and the system that the Supreme Court will also apply. But if we look at the logic of the government over the law, this law is not against religious freedom, but is related to the management of properties. The need for systematic reforms justifies the law, arguing that the WAQF management required systematic reforms to solve the challenges for which the WAQF Amendment Act was brought to 2025. With this, WAQF properties can meet their intended charity goals without violating the rights of non-muslims and other stakeholders. Also read: WAQF Bill: WAQF Amendment Bill gets the approval of President Draupadi Murmu, new legislation, every latest news and accurate information from the country and the world, every moment on your phone! Download now- Jagran app