BJP welcomes SC decision on Waqf law, says 'tight slap' on those playing 'politics of fear'

New Delhi, Sep 15 (PTI) The BJP on Monday welcomed the Supreme Court's decision on the Waqf (Amendment) Act and said it is a "tight slap" on those who were questioning the constitutionality of the law and playing "politics of fear".

The top court put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including a clause that only those practising Islam for the last five years could create a waqf, but refused to stay the entire law outlining the presumption of constitutionality in its favour.

"Certainly, it's a welcome decision. The double bench comprising Chief Justice B R Gavai has accepted the amendments brought by the government and rejected the petition against it. There is no stay on the entire operation of the amendments," BJP national spokesperson Nalin Kohli told PTI.

"The stay is only with effect to one or two areas where the court felt there may be an arbitrary exercise of powers, say by a district magistrate, because it was not defined in terms of what would be the mechanism," he said.

It also sends out a clear message to those who were playing "politics of fear' and building a 'negative narrative" that the government's act was "constitutionally correct", Kohli added.

In a post on X, BJP IT department head Amit Malviya said the "draconian concept" of Waqf by User in the law has been consigned to the "dustbin of history".

"In the totality of the circumstances, we do not find that any case is made out to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected," Malviya quoted an "operative part" of the court's order.

Welcoming the court's decision, another BJP national spokesperson Prem Shukla said it is a "tight slap" on those who were spreading misinformation "till yesterday" that amendments made in the Waqf law were unconstitutional.

"The Supreme Court has not only held it constitutional but also rejected most of the demands of the petitioners," Shukla added.

BJP national spokesperson and former Union minister Syed Shahnawaz Hussain said the Supreme Court's decision on the Waqf (Amendment) Act has "disappointed" those who had challenged its constitutionality.

"The court has not put a stay on the Act. Some of its provisions have been put on hold. But, overall, the court has accepted the Act," the BJP leader said.

The Supreme Court on Monday said laws have to be stayed only in "rare and exceptional" cases in which provisions were "ex facie unconstitutional, manifestly arbitrary and violate fundamental rights" of citizens.

A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih made the observation in its 128-page verdict which stayed a few key provisions of the Waqf (Amendment) Act, 2025.

The provisions that were stayed include a clause that said only those practising Islam for the last five years could create a waqf. These provisions have been put on hold in the interim till the top court finally decides the validity of the newly-amended Waqf law.

The top court, while passing the verdict, reiterated the long-settled principle that parliamentary enactments enjoyed a strong presumption of constitutionality. PTI PK PK KSS KSS