Waqf row: Can't stay law made by Parliament when validity presumed, Centre tells SC
New Delhi (PTI): The Centre on Friday sought the Supreme Court to dismiss the pleas challenging validity of the Waqf (Amendment) Act, 2025 and said there cannot be a "blanket stay" on the law as there was a "presumption of its constitutionality".
In a 1,332-page preliminary counter affidavit, the government defended the contentious law saying that "shockingly" after 2013, there were an addition of over 20 lakh hectare (precisely 20,92,072.536) in waqf land.
"Right before even Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India," the affidavit said.
It claimed "reported misuse" of earlier provisions to encroach upon private and government properties.
The affidavit was filed by Shersha C Shaik Mohiddin, joint secretary in the Ministry of Minority Affairs.
"Settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally. There is a presumption of constitutionality that applies to laws made by Parliament," it added.
The Centre went on, "While this court would examine these challenges when the cases are heard, a blanket stay (or a partial stay) without being aware of the adverse consequences of such an order in a generality of cases (even on members of the Muslim community itself) were the petitions to be unsuccessful would, it is submitted, be uncalled for, especially in the context of the presumption of validity of such laws."
The affidavit said the pleas challenging the Act proceeded on false premise that amendments take away fundamental rights of religious freedom.
It said the court can review a law on the grounds of legislative competence and violation of fundamental rights under Article 32 of the Constitution.
The government said the amendments were undertaken after a very comprehensive, in-depth and analytical study by a parliamentary panel having members from major political parties .
"Parliament has acted within its domain to ensure that religious endowments like waqf are managed in a manner that upholds the trust reposed in them by the faithful and the society at large, without trespassing on religious autonomy," it said.
The law, the Centre said, was valid and result of a lawful exercise of legislative power.
The affidavit said replacing legislative regime, enacted by the legislature, was impermissible.
On April 17, the Centre had assured the top court that it would neither denotify waqf properties, including "waqf by user", nor make any appointments to the central waqf council and boards till May 5.
A bench headed by Chief Justice Sanjiv Khanna is slated to hear the matter on May 5 on passing of interim orders.
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Karnataka CM Siddaramaiah slams Centre for withholding grants for key projects
Bengaluru, May 14 (PTI): Karnataka Chief Minister Siddaramaiah on Wednesday slammed the Centre for "not releasing the announced grants" for the state, which include funds for the Bhadra dam project, pensions for poor, elderly citizens and the needy, and the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).
Siddaramaiah chaired a review meeting of the functioning of District Development Coordination and Monitoring Committees (DISHA), a government initiative that seeks to promote participative governance and deliberative democracy.
The committee members suggested that efforts should be made to bring the central share to the state.
Siddaramaiah reiterated that Union Finance Minister Nirmala Sitharaman had announced in the budget that Rs 5,300 crore would be given for the Bhadra Upper River Project, but till now, the state has not received even a rupee.
The Upper Bhadra Project aims to irrigate approximately 2.25 lakh hectares across the districts of Chikkamagaluru, Chitradurga, Davangere, and Tumakuru, utilising around 19 tmcft of water.
Additionally, the project plans to replenish over 350 tanks with 10.8 tmcft of water and enhance the capacity of the Vani Vilas reservoir.
The CM said that in the 15th Finance Commission, a special grant of Rs 5,495 crore should have been provided by the Centre, including money for the lake and the peripheral ring road, totalling Rs 11,495 crore, but the state has not received any amount.
"Even though we pay Rs 4.5 lakh crore in taxes from the state, not even a small amount of aid comes to the state from the Centre. They do not give money even for centrally funded projects, but you accuse the state government of not having money for development," the chief minister said during the meeting.
Under the social security scheme, the state grant for widow pension, old age pension, and disabled pension schemes is Rs 5,665.95 crore, while the central grant is Rs 559.61 crore, but only Rs 113.92 crore has been released by the Centre, Siddaramaiah said.
He asked how to manage if the Centre cuts the grants meant for social schemes as well.
He mentioned that he met Sitharaman twice and made a request, but claimed she did not pay heed to it.
Siddaramaiah came down heavily on the Members of Parliament from Karnataka for "being silent".
"You (MPs) should try together to release the grants within a stipulated time. You should not try to shrug your responsibility," the CM said in the meeting.
Speaking about various pensions given by the state, Siddaramaiah said the state government gives a total of Rs 5,665 crore in pensions, while the central government contributes Rs 559 crore.
"The central government is not able to give even this small amount. The Centre has kept this pending for two years. Why is this so?" he alleged.
Further, he charged that the pensions due from the central government have not been given to the state for two years.
"The names of Prime Minister Modi and the Centre are on most of the projects funded by the state government. However, not even a fraction of the Centre's money is coming. Shouldn't you (MPs) question this continuous injustice?" Siddaramaiah asked.
He shared details of the letters sent by the state government to the Centre, union ministers, and the prime minister, and read them during the meeting to highlight various issues and draw the MPs' attention.
Officials brought to Siddaramaiah's notice that the funds under the MGNREGS have not yet been received from the Centre
They also informed the meeting about the pending central pension funds of various types.
Siddaramaiah instructed officials that the MGNREGS action plan should be prepared within three months.
He also instructed them that if, for any reason, the previous action plan is missing, it should be included in the next one.
Siddaramaiah also instructed them to take legal action and file a criminal case against the officials who committed irregularities in the MGNREGS scheme in the state.
The chief minister pointed out that the state's grant under the centrally sponsored schemes for the year 2024-25 is Rs 24,960 crore. The central share in those schemes is Rs 22,758 crore, of which only Rs 18,561 crore has been released by the Centre, while Rs 4,195 crore is still pending, according to the CMO.
Officials also said that the Centre has not released Rs 7,656 crore in 2023-24 and Rs 3,233 crore in 2024-25 under the Jal Jeevan Mission scheme.
Jal Jeevan Mission, Prime Minister Narendra Modi’s plan to provide potable tap water to all rural households by 2024, was discussed by Sitharaman in her Budget speech, where she revised the completion target to 2028.
