New Waqf Laws: Court Have No Authority To Stay-Centre

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 that courts do not have authority to stay statutory provisions, either directly or indirectly.

"There is a presumption of constitutionality that applies to laws made by Parliament and an interim stay by the court is against the principle of balance of powers," the court was told.

The Supreme Court is hearing petitions challenging the new laws, which include rules that non-Muslim members must be part of the Central Waqf Council and state-specific Waqf boards, and that donations may only be made by Muslims practicing for at least five years. The petitioners have argued these violate multiple fundamental rights.