Waqf (Amendment) Bill hits basic structure of Constitution: Trinamool MP

New Delhi: Trinamool Congress (TMC) MP Kalyan Banerjee on Wednesday strongly opposed the Waqf (Amendment) Bill, calling it a direct violation of the Constitution.

He claimed that the bill “hits the basic structure” of the Constitution and encroaches upon the rights of the Muslim community to manage its religious affairs.

Speaking in the Lok Sabha during the debate, Banerjee argued that the bill impacts two key areas — governance of religious aspects of the Waqf Board and granting state governments the power to decide disputes related to Waqf properties, including land and buildings.

Citing Article 26 of the Constitution, Banerjee stated: “Waqf is an institution for religious and charitable purposes. Muslims have the constitutional right to manage their own religious affairs because Waqf property belongs to Allah.”

He asserted that the bill violates these rights and, therefore, is in “clear breach” of the Constitution.

Discussing the provision that allows a person practising Islam for five years to declare a Waqf, Banerjee argued that religious duties cannot form the basis of legislation.

“An individual can discharge their religious duties at any point in their life, even at the time of death,” he pointed out.

Banerjee also claimed that the Bill falls under the state list, and therefore, Parliament does not have the power to legislate on Waqf-related land and buildings.

“The Parliament is now encroaching upon the power of state legislation. Thus, it is completely unconstitutional,” he said.

Declaring his party’s strong opposition, Banerjee made it clear that the Trinamool would vote against the Bill.

He also accused the ruling party of attempting to divide the Waqf boards based on sects, calling it a reflection of their “evil intention.”

“Under the guise of the Waqf Amendment Bill, the government is attempting to create different classifications of Waqf boards based on sects. If the title speaks of unification, then why does the bill seek to divide?” he asked.

Banerjee alleged that the Bill was a government ploy to seize control of Waqf properties, which he described as the backbone of the Muslim community.

He further asserted that the proposed legislation was an attempt to create divisions between Hindu and Muslim communities.

Terming the Bill “misconceived, irrational, and arbitrary,” Banerjee also criticised the removal of Section 40, which deals with claims over Waqf property.

He argued that this omission would leave the Waqf legislation powerless, calling it a “toothless doll.”

With strong opposition from the Trinamool and other parties, the debate over the Waqf (Amendment) Bill continues to intensify in Parliament.

IANS