SC order on Waqf more than a rap on knuckles of govt: Derek O’Brien

Trinamool Congress MP Derek O’Brien on Tuesday, 16 September, criticised the government following the Supreme Court’s decision to stay certain provisions of the Waqf (Amendment) Act, 2025.

While the apex court put on hold controversial clauses — including the requirement that a person must be a practising Muslim for five years to dedicate property as Waqf — it declined to stay the entire law.

In a detailed blog post, O’Brien described the passage of the Waqf Amendment Bill in Parliament as marked by “chicanery and evasive tactics.” He highlighted how the bill was referred to a Joint Parliamentary Committee (JPC) at the last moment, and how dissent notes from opposition members were reportedly erased. He added that the bill was passed in the dead of night, with discussions in Rajya Sabha extending to around midnight and in Lok Sabha past 1 am.

O’Brien criticised what he described as a growing trend of “customised, targeted laws” under the BJP, designed to impose disproportionate burdens or restrict minority rights.

“Once the state assumes the right to decide who qualifies as a legitimate member of a community, it establishes a precedent that identity, citizenship, faith, and rights can all be reduced to state-certified categories. When the state gets to decide who counts, democracy itself is at risk,” he warned.

The MP stressed that the Supreme Court will need to address fundamental questions about the law’s constitutionality, including whether it violates the principles of equality (Article 14), freedom of religion (Articles 25 and 26), and the prohibition of religious discrimination (Article 15).

O’Brien said the stay on the key provisions represents a “rap on the knuckles” of what he termed “subterfuge legislation,” but emphasised that broader questions about selective lawmaking and minority rights remain.

With PTI inputs