Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Madras High Court Ruling on Waqf Properties

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Doctrine of Repugnancy; Sachar Committee, Article 254, Waqf

Mains level: NA

Why in the news?

  • The Madras High Court ruled the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act of 2010 as repugnant and unconstitutional.
  • The amendment conferred authority on the Tamil Nadu Waqf Board CEO to order evictions, contradicting with the Central legislation, the Waqf Act of 1995.

Madras HC Verdict:

  • Parliament’s 2013 amendment to Waqf Act prevails over Tamil Nadu’s legislation.
  • It already provides uniform and effective mechanisms for possession recovery.

Arguments made by TN:

  • Lawyers argue 2010 amendment exercised power under Concurrent List, required Presidential assent.
  • State law and Central law cannot co-exist, Parliament’s 2013 amendment prevails.
  • Original provisions of Waqf Act not sufficient to deal with encroachments.
  • Tamil Nadu enacted 2010 amendment based on Sachar Committee recommendation.

Sachar Committee:

A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

 

What is Doctrine of Repugnancy?

  • The doctrine of repugnancy arises when two laws conflict and produce different outcomes when applied to the same situation.
  • It occurs when the provisions of two laws are so contradictory that complying with one law would mean violating the other.
  • Article 254 of the Indian Constitution establishes the Doctrine of Repugnancy in India, providing a framework for resolving conflicts between Central and State laws.
  • It resolves conflicts between Central and State laws.

Key Provisions of Article 254:

1.    Article 254(1):

  • Declares that if a law passed by a State Legislature contradicts a law passed by Parliament, the State law will be deemed void.
  • The law enacted by Parliament will take precedence over the State law.

2.    Article 254(2):

  • Allows States to enforce legislation that contradicts Parliament’s laws if they receive assent from the President.

 

PYQ:

[2016]  The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:

(a) Lok Sabha by a simple majority of its total membership

(b) Lok Sabha by a majority of not less than two-thirds of its total membership

(c) Rajya Sabha by a simple majority of its total membership

(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting


Back2Basics: What is Waqf property and what does the Waqf Act state?

Details
Enactment
  • Enacted by Jawaharlal Nehru in 1954 to centralize Waqf properties.
  • Led to the formation of the Central Waqf Council in 1964.
  • Amended in 1995 under the Congress government of PV Narasimha Rao, granting extensive powers to Waqf Boards.
Key Provisions
  • Section 3(R) of the 1995 amendment designates properties as Waqf if deemed sacred, religious, or charitable according to Muslim law.
  • Article 40 mandates the Waqf Surveyor and Board to determine property ownership.
  • 2013 amendments require State Waqf Boards to appoint Survey Commissioners to manage properties and settle disputes.
Legal Status Property declared as Waqf cannot be contested in court; appeals must be made to the Waqf Board.
Chairmanship
  • Union Minority Welfare Minister serves as ex-officio chairman of the Central Waqf Council.
  • State Waqf Boards consist of seven Muslim members.

Waqf Property

Details
Definition
  • Property donated for charitable purposes in the name of Allah.
  • Donated by individuals for public benefit; no individual ownership rights.
Donation Criteria Must be donated by Muslims above the age of 18.
Ownership
  • Upon donation, property becomes Allah’s possession;
  • Family members have no claim after donor’s demise.
Types Includes movable or immovable property donated for charitable purposes.
Management Overseen by the Waqf Board, responsible for legal matters and property administration.
Total Properties
  • Over 8,65,646 properties registered with the Waqf Board in India.
  • Estimated to cover 8 lakh acres of land with a market value of approximately Rs 1.20 lakh crore.
  • State-wide Share:
  1. West Bengal: More than 80,000 properties registered.
  2. Punjab: 70,994 properties under Waqf Board.
  3. Tamil Nadu: 65,945 properties managed.
  4. Karnataka: 61,195 properties overseen.

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