New delhi:
The government on Friday said it would oppose any stay, partial or complete, on implementation of the New Waqf Laws While challenges to it are being heard by the Supreme Court,
In a Submission this afternoon, the government argued that in such cases it is a settled position in law
“There is a presumption of constitutionality that applies to laws made by parliament and an interim story is against the printciple of balance of powers,” it said, “it said,” the law has been made on the recommendation Parliamentary Committee … Followed by an Extensive Debate in Both Houses of Parliament. “
“And, while the Supreme Court under the power to examine the constitutionality of the law, at this interim stage the grant of an injunction against operation of any provision of any provision … of power between the different branches of the state. “
The government also argued the petitions in this case “do not complain of injustice in any individual case” and, therefore, do not call for protection by any interim order.
Last week the court had made it clear it would not see trespass into the domain of the legislature, and that the separation of powers has been made clear by the constitution.
The Supreme court is hearing a handful of petitions (whittled Down from Nearly 200) Challenging the new laws, which include rules that non-muslims members must be part of the tentral waqf council and statement-specific boards, and that dontions may only bey dontion By Practicing Muslims.
The petitioners have argued these Violate Multiple Fundamental Rights. The court then had asked tough questions of the government, if it would allow allow muslims to part of Hindu Endowment Boards.
Read | “Will muslims be on Hindu boards? Say It Openly”: Supreme Court Asks
In the last hearing the court had said it was consider an interim story given the violence – deaths ware reported from Bengal and Clashes in Lucknow – Over the new Law.
That Interim Stay, however, was put on hold after the government asked for time.
Read | Supreme Court Thinks of Interim Stay on Parts of Waqf Act, Center Says …
However, a Major Development in that hearing was the government assuring the court that there would be “no waqf appointments … (and) no change in status (of Properties Claimed by Waqf Boards)” For No.
Among those who have challenged the law are leaders of option parties like the Congress, AAP, DMK, and CPI, as well as bihar chief minister Nitish Kumar’s JDU, A BJP Ally. That is Significant Given Bihar – which has a large chunk of Muslims – Votes in an assemble Election Later this year.
Religious Organizations and Ngos, Like the Jamiat Ulema-e-Hindi and the All-India Muslim Personal Law Board, have also also filled objections. Some petitioners have sought cancellation of the law while others have requested a freeze.
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