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Not following or implementing the recently passed Waqf Amendment Act is unconstitutional and untenable, Union Minister for Minority Affairs Kiren Rijiju told The Hindu on Thursday.
His remark came against the backdrop of West Bengal Chief Minister Mamata Banerjee stating on April 9 that the Act will not be implemented in the state.
Before the Act was passed in Parliament, the Karnataka Assembly on March 19 adopted a resolution urging the Centre to withdraw the 2024 Waqf Amendment Bill. The Tamil Nadu Assembly passed a similar resolution on March 27, calling the bill “another attempt by the Union government to interfere in the religious administration of Muslims”.
Commenting on these developments, Rijiju said: “Some of the statements coming from the chief ministers are a result of anger or emotion or politically motivated.”
He added: “The very fact that the person is holding a constitutional position, and then again says things which are unconstitutional, like not to follow or implement the Act passed by the Parliament of India – this statement itself is untenable.”
The minister, who had proposed the bill in both Houses of Parliament, said the chief ministers who made such statements would “regret it”.
“Just to cater to the political constituencies, they made certain disparaging remarks, and then leading to a difficult situation,” Rijiju was quoted as saying by The Hindu.
Parts of the Waqf Amendment Act are on the concurrent list of the Constitution as land, and law and order are state subjects. This means that the state governments would be required to implement them.
The Supreme Court is hearing a batch of petitions challenging the 2025 Act.
Rijiju’s statements came on the same day that the Union government told the Supreme Court that some provisions of the Waqf Amendment Act, such as the denotification of existing waqf properties, will not be enacted until the court hears the matter again.
The top court was also told that the provision about including non-Muslims in waqf boards will not be acted on during this period.
A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.
The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function.
The bill was cleared by Parliament on April 4. It received presidential assent on April 5 and took effect on April 8.
The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.
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