TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Congress leader Rahul Gandhi

    Rahul Gandhi’s Maharashtra Rigging Claim: Fresh Allegations, Familiar Distrust of Institutions

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    Union Minister Jyotiraditya Scindia

    PM Modi’s ‘Panch Pran’ Inspired by Shivaji Maharaj’s Vision of Hindavi Swaraj: Jyotiraditya Scindia

    Pakistan's Attempt to Incite Riots in India Thwarted: PM Modi

    Pakistan’s Attempt to Incite Riots in India Thwarted: PM Modi’s Strong Message from Jammu and Kashmir

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Crisil Forecasts Another Rate Cut in FY26, Pegs India’s GDP Growth at 6.5%

    Crisil Forecasts Another Rate Cut in FY26, Pegs India’s GDP Growth at 6.5%

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    Reserve Bank of India Governor Sanjay Malhotra addresses the post-Monetary Policy press conference in Mumbai.

    RBI Slashes Repo Rate by 50 Basis Points to Boost Growth; Middle Class May Receive Loan Relief

    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    New Delhi: Indian Army Brahmos Missile System during a rehearsal for Republic Day Parade, in New Delhi on Friday, January 20, 2023. (Photo: Anupam Gautam/IANS)

    India’s Defence Manufacturing Set to Reach ₹8.8 Lakh Crore by 2047: CII-KPMG Report

    Top Naxal Leader Hidma Nabbed in Odisha in Coordinated Security Sweep

    Top Naxal Leader Hidma Nabbed in Odisha in Coordinated Security Sweep

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi’s G7 Canada Invitation: What It Signifies

    PM Modi’s G7 Canada Invitation: What It Signifies — And How the Congress Spoke Too Soon

    Pakistan’s Imminent Threat to Gulf Monarchies

    Pakistan’s Imminent Threat to Gulf Monarchies

    Gaza Aid Group Denies Hamas Claims of Israeli Attack at Rafah Distribution Center

    Gaza Aid Group Denies Hamas Claims of Israeli Attack at Rafah Distribution Center

    Colombia Withdraws Statement Condoling Terrorists Killed in 'Operation Sindoor'

    Colombia Withdraws Statement Condoling Terrorists Killed in ‘Operation Sindoor’

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Ram Mandir Pran Pratishtha 2.0

    Thousands Gather in Ayodhya for Ram Darbar Pran Pratishtha Ceremony

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    In December 2024, D. Gukesh Dommaraju, then just 18, became the youngest undisputed World Chess Champion

    The Gukesh Effect: How a Teen Grandmaster Is Reshaping Indian Chess and Reclaiming Its Ancient Legacy

    Critical Dimensions for Evaluating Procurement Software Providers

    Critical Dimensions for Evaluating Procurement Software Providers

    The Economic Impact of iGaming on Creating New Jobs and innovations

    The Economic Impact of iGaming on Creating New Jobs and innovations

    AI Personalization Transforming Player Experiences

    AI Personalization Transforming Player Experiences

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Congress leader Rahul Gandhi

    Rahul Gandhi’s Maharashtra Rigging Claim: Fresh Allegations, Familiar Distrust of Institutions

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    Union Minister Jyotiraditya Scindia

    PM Modi’s ‘Panch Pran’ Inspired by Shivaji Maharaj’s Vision of Hindavi Swaraj: Jyotiraditya Scindia

    Pakistan's Attempt to Incite Riots in India Thwarted: PM Modi

    Pakistan’s Attempt to Incite Riots in India Thwarted: PM Modi’s Strong Message from Jammu and Kashmir

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Crisil Forecasts Another Rate Cut in FY26, Pegs India’s GDP Growth at 6.5%

    Crisil Forecasts Another Rate Cut in FY26, Pegs India’s GDP Growth at 6.5%

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    India Lifts 269 Million Out of Extreme Poverty in 11 Years: World Bank

    Reserve Bank of India Governor Sanjay Malhotra addresses the post-Monetary Policy press conference in Mumbai.

    RBI Slashes Repo Rate by 50 Basis Points to Boost Growth; Middle Class May Receive Loan Relief

    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    New Delhi: Indian Army Brahmos Missile System during a rehearsal for Republic Day Parade, in New Delhi on Friday, January 20, 2023. (Photo: Anupam Gautam/IANS)

    India’s Defence Manufacturing Set to Reach ₹8.8 Lakh Crore by 2047: CII-KPMG Report

    Top Naxal Leader Hidma Nabbed in Odisha in Coordinated Security Sweep

    Top Naxal Leader Hidma Nabbed in Odisha in Coordinated Security Sweep

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi’s G7 Canada Invitation: What It Signifies

    PM Modi’s G7 Canada Invitation: What It Signifies — And How the Congress Spoke Too Soon

    Pakistan’s Imminent Threat to Gulf Monarchies

    Pakistan’s Imminent Threat to Gulf Monarchies

    Gaza Aid Group Denies Hamas Claims of Israeli Attack at Rafah Distribution Center

    Gaza Aid Group Denies Hamas Claims of Israeli Attack at Rafah Distribution Center

    Colombia Withdraws Statement Condoling Terrorists Killed in 'Operation Sindoor'

    Colombia Withdraws Statement Condoling Terrorists Killed in ‘Operation Sindoor’

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Ram Mandir Pran Pratishtha 2.0

    Thousands Gather in Ayodhya for Ram Darbar Pran Pratishtha Ceremony

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    In December 2024, D. Gukesh Dommaraju, then just 18, became the youngest undisputed World Chess Champion

    The Gukesh Effect: How a Teen Grandmaster Is Reshaping Indian Chess and Reclaiming Its Ancient Legacy

    Critical Dimensions for Evaluating Procurement Software Providers

    Critical Dimensions for Evaluating Procurement Software Providers

    The Economic Impact of iGaming on Creating New Jobs and innovations

    The Economic Impact of iGaming on Creating New Jobs and innovations

    AI Personalization Transforming Player Experiences

    AI Personalization Transforming Player Experiences

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Are Waqf Boards even legal? An answer is expected soon

Abhishek Kumar Singh by Abhishek Kumar Singh
23 April 2022
in Analysis
Waqf Act
Share on FacebookShare on X

Those who are not aware of how Waqf Boards act, tend to perceive them as some kind of revered institution. But, the fact of the matter is that there are looming questions about even the legality of these institutions. Soon, the Judiciary is expected to answer the question surrounding it.

Delhi High Court on the legality of the Waqf Act

Delhi High Court has issued notice to the respondents in a case challenging the Constitutional validity of the Waqf Act, 1995. It was issued by a bench of acting Chief Justice Vipin Sanghi and Justice Naveen Chawla. One of the recipients of this notice is the Union government which was included because one of the issues involved is a violation of the Constitution.

RelatedPosts

Delhi High Court Affirms Dismissal of Christian Army Officer for Refusing to Join Weekly Regimental Religious Parades

Government Likely to Move Impeachment Motion Against Justice Varma in Monsoon Session

Madrasa Torn Down in MP After 30 Years; Dargah in Uttarakhand Welcomes Waqf Law with Chadar

Load More

On 18th April 2022, a Public Interest Litigation (PIL) was filed in Delhi High Court by renowned Advocate and BJP leader Ashwini Kumar Upadhyay. In his plea, Upadhyay argued that designating a specially designed act for a particular community defeats the fundamental tenet of Secularism enshrined in the Indian Constitution. Upadhyay informed the Court that there is no such act for any other religious community in the country.

Waqf Board is against Constitutional provision

According to the petition, the Waqf Act, 1995 does not stand the test of minority protection provided under the Constitution of India. “if the impugned Act has been made to protect the rights guaranteed under Articles 29-30 then it has to cover all the minorities i.e., followers of Jainism, Buddhism, Sikhism, Judaism, Bahaism, Zoroastrianism, Christianity, and not only Islam” says the plea

Ashwini’s plea especially emphasises the non-consonance between the Waqf Act and Article 14-15 of the Indian Constitution. Article 14-15 prohibits the government of the day from discriminating against someone for their religion, race, caste, sex, place of birth or any of them. In his plea, Upadhyay said that the Religious Endowment Act 1863, Indian Trustees Act 1866, Indian Trust Act 1882, Charitable Endowment Act 1890, Official Trustees Act 1913 and Charitable and Religious Act 1990 guide trusteeship and religious endowment of all communities.

“But rather than unifying them and making a ‘Uniform Code for Trust and Trustees, Charities and Charitable Institutions, Charitable and Religious Endowments and Religious Institution’, Centre has arbitrarily enacted the impugned religion-biased Act against the basic tenets of Articles 14-15.” plea further explained

Read more: No more legal immunity for the Waqf Board!

Non-Muslims are helpless

One of the major bones of contention raised by Ashwini Kumar Upadhyay is that people of other religions like Hindus, Jains, Buddhists, Sikhs and other communities have zero protection available in case the Waqf Board goes haywire. So, basically, if any person’s property is declared to be Waqf property by the Waqf board, then he will have to hand it to the board.

Currently, the only recourse against an unjustified claim by Waqf Board is available under Waqf Tribunal. Upadhyay’s plea seeks to change that. He has asked the Judiciary to make the Waqf Tribunal non-mandatory. As an alternative, Ashwini suggests that these cases should be tried only under Section 9 of the Civil Procedure Code 1908.

It is to be noted that the first law on Waqf Act was made in 1923, in which no privilege was given to the Board. The purpose of making this act was that if a Muslim wants to give his property to Allah, then he can give it to Allah and his property will be looked after by the Waqf Board. After that, some amendments were made to it from time to time. The first amendment was done under the Waqf Act 1954, in which it was given few powers.

Land grabbing legalised in the garb of religion

At the time of the Waqf Act 1984, Rajiv Gandhi gave it more privileges, but in 1995, when the new Waqf Act 1995 was brought, it was also given administrative and judicial rights. And then in the year 2013, Manmohan Singh made some amendments to it and the Waqf Board reached the peak of its power.

  • Sec 28 & sec 29 compel the State Machinery and the DM to follow the orders of the Waqf Board. Basically, the Waqf board acts as a state inside the state
  • Under Section 36 & Section 40 of the Waqf Act, 1995, Waqf Board can declare any property, whether private, society or any trust, as its property.
  • Section 40(1) states that if the property of an individual is declared as Waqf property, then that individual does not even have a right to get a copy of that order, Moreover, if he does not appeal against him within 3 years, then that order will be final.
  • Section 85 and 89 make it mandatory for a victim to ask Waqf Tribunal for remedy. If an individual wants to file a case in Civil Court, then Waqf Board has to be informed 2 months before the filing of a formal appeal.
  • Section 101 declares Waqf Board members as public servants. There is no such privilege accorded to people working for any other religious institution.

Waqf’s power needs to be curtailed

Waqf is a completely religious institution which is acting as a land mafia under the guise of religion. According to a 2006 report by Sachar Committee, in India, there were nearly 5 lakh registered Waqfs with 6lakh acres of land. The total book value of the land at the time of the report was Rs 6,000 crores. The numbers are only expected to rise in the last one and a half-decade or so, especially after the 2013 change in Waqf Act by the Manmohan government.

Read more: While Yogi & Shivraj took strict action against Islamists, MVA in Maharashtra appoints Dawood aide in Waqf Board

Congress not only gave Waqf Board legal validity under the Waqf Act of 1995 but also gave it constitutional recognition. Ashwini Kumar Upadhyay’s petition just seeks to outstrip the Waqf Board from Constitutional protection.

Tags: Delhi High CourtIndian ConstitutionWaqf ActWaqf Boards
ShareTweetSend
Previous Post

Mandir demolished, Shivlingam disrespected – Aurangzeb has returned as Ashok Gehlot

Next Post

The Bhumihar card played by Tejaswi proves that Lalu’s M+Y equation isn’t working

Related Posts

Congress leader Rahul Gandhi
Analysis

Rahul Gandhi’s Maharashtra Rigging Claim: Fresh Allegations, Familiar Distrust of Institutions

7 June 2025

Congress leader Rahul Gandhi has once again made headlines by alleging electoral malpractice—this time targeting the 2024 Maharashtra Assembly...

Is Rahul Gandhi Undermining Opposition Unity with Personal Attacks on Modi?
Analysis

Narendra Surrender Jibe: Is Rahul Gandhi Undermining Opposition Unity with Personal Attacks on Modi?

4 June 2025

Congress leader Rahul Gandhi is once again under fire for a political remark that many say does more harm...

Ram Mandir Pran Pratishtha 2.0
Analysis

Ram Mandir Pran Pratishtha 2.0 and Its Significance in India’s Religious, Political, Cultural Landscape

3 June 2025

The second phase of Pran Pratishtha rituals at the Ram Mandir in Ayodhya—popularly dubbed “Pran Pratishtha 2.0”—is more than...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Pakistan needs money from IMF to feed their people

Pakistan needs money from IMF to feed their people

00:15:20

Vacate PoK and more: Steps Pakistan needs to take to avoid Indian military action

00:06:36

Taking The Wire’s Propaganda Piece on VP to the Cleaners – Feat. Prof. Kapil Kumar

00:09:19

Rahul Gandhi Undermines India’s Electoral Integrity as Trump Applauds It

00:07:09

Why Pakistan army chief reminds two nation theory| what is the plan| Waqf Bill |Asim Munir| Jinnah

00:13:02
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited