Centre defends Waqf Act in SC

The Union 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.
New Delhi: The Union 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 on Friday 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 is against the principle of balance of powers," it said. "The law has been made on the recommendations of a Joint Parliamentary Committee... followed by an extensive debate in both Houses of Parliament," it added. "And, while the Supreme Court undoubtedly has the power to examine the constitutionality of the law, at this interim stage the grant of an injunction against operation of any provision would be violative... of the delicate balance of power between the different branches of the State." The government also argued the petitions in this case "do not complain of injustice in any individual case" and, therefore, do not call for protection by any interim order.

















