Shikha Mukerjee | How to Get the Law Right: Lesson From Waqf Mess

When the legislation is taken into account by both parliamentary councils and by a permanent committee, and then the judiciary finds error as the WAQF Amendment Law finds error, only two causes: inadequacy or intentional mischief. In this process, the legislature will be accused as much as the execution, that is, the government headed by Prime Minister Narendra Modi.

The process of making news laws or changing the old ones starts from the moment the government decides that new laws or changes are required. The Law on the Amendment of the Foundation and the 2024 MUSSALMAN FOUNDATION (APPROVED) Law, as the Minister of the Interior said, was to ilgil to end the age of injustice and corruption ”, to grab land, and to ensure that“ greed cannot be transformed for greed and fear ”. The Narendra Modi government, which is called a historical day, said that this ends the land that ended the land that ended with cheap rental leases that deprive vulnerable women and children, especially the illegal sales or beneficiaries of the way of “inclusive development”, “inclusive development” and utility properties.

The aim of the law was to make things better; How important parts of the law were made by the Supreme Court were found as “Prima Facie enjoyment” and “completely contrary to the constitution ve and as reported, the Chief Justice Bravi was called the process of deprived the WAQFs status and valuable properties. The decision made revealed the lack of the judicial practice of the mind, which meant a violation of the separation doctrine of the separation of the forces, a rape to the field of the courts and a part of the fundamental structure of the constitution.

The amended law was to prevent land grabbing and fraudulent transactions; As the Supreme Court understood, the new law ordered the regional authorities to take over the controversial Vaynık properties and to hit the Waqf panels to hit these properties from their records, in other words, lifted all the traces of the property as a foundation. Therefore, the WAQF Amendment Act 2025 will stand out as a turning point of “completely contrary to the constitution”, “Prima Facie enjoyment” and “unilateral” power exercise.

On the scale of the Modi government’s mistakes in the construction of the law, the WAQF amendment law will be among the worst; The law of money laundering, which is used by the Executive Directorate to keep the suspects in a long -term detention, said by the Supreme Court in contradiction with the principle, “bail is the rule and the prison is an exception,” he said.

However, there is a contradiction about what the Supreme Court supports as established law principles; Umar Khalid, who was imprisoned for nine years, is the “guarantee rules and prison exception in the case of being imprisoned for an unreasonable period of unreasonable time. Although the Apex court is completely responsible for the decision -making for a long time, there are informed public opinion departments that think differently. In other words, the judiciary makes different decisions about the same problem: as guarantee norm.

When the Supreme Court enters a law or rule, it is waste of public currency to participate in laws, sue and then to make changes to the law. When the Supreme Court criticizes a government for actions, it becomes worse, and then the government continues to take the same actions as it has been many times since the use of bulldozers is “contrary to more than more than one reason.

Strangely, the reason is common for the sections of the Foundation Amendment Law on the seizure of property and bulldozer justice, which the Supreme Court provides the sinking indictment; Rape for violating the necessary process principle as a “main aspect of the executive power”. These transitions were in other cases; The elected Delhi government has the power to control the national capital’s officers and the daily administration. In recent years, the Modi government introduced a new law in 2023 to overcome the judicial barrier, where the decisions of the Supreme Court have been reduced, and the National Capital Service Authority of the National Capital Service Authority, which jumped the Delhi Government and provided civil services under a union’s Ministry of House, was established.

In the legislative council, when the MPs often believe that they are superior, the foundations of parliamentary democracy are sent to the trash of history.

The principle of separation of powers invalidates. While the restriction of the High Court, as in the temporary order of the WAQF Amendment Law, concludes that rare cases will not exceed their duty by declaring a law contrary to the Constitution, it seems to be a major obstacle to vote because it can make and control and control and control and use of votes.

In such cases, the principle of power separation becomes an unbearable contamination against the pleasure of the majority of the majority of parliament, which uses numerical superiority to do a lot as he wishes.

The Supreme Court pointed out that a person’s determination to be a practical Muslim to create a foundation was unsustainable and that there was an arbitrary power exercise until the time to make this determination.

Mulberry Bush wandering around and rounding, the ruling -seemingly seemingly seemingly seemingly Narendra Modi government and various other governments in the states, the majority of the legislative organs will use the permanent laws of the constitution. Although the legislative majority of the legislative majority does not arrest it with the law -breakers, the public cannot overcome the confidence in the public to rely on the solid laws of the deputies, instead of fulfilling their desires, and follows the freedom of marriage because they have chosen the right to implement their property, their religions and their religions.

The law, which arises from political-ideological coercion in order to transform religious transformation and marriage into a conflict between different communities, has become a tool to be used to serve its election purposes.