The 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 this 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."
"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.
READ | "Management Involves Secular Activities": Centre's Waqf Act Defence
Last week the court had made it clear it would not trespass into the domain of the Legislature, and that the separation of powers had been made clear by the Constitution.
The Supreme Court is hearing a handful of petitions (whittled down from nearly 200) challenging the new laws, which include rules that non-Muslim members must be part of the Central Waqf Council and state-specific boards, and that donations may only be made by practicing Muslims.
The petitioners have argued these violate multiple fundamental rights. The court then had asked tough questions of the government, including if it would allow Muslims to part of Hindu endowment boards.
READ | "Will Muslims Be On Hindu Boards? Say It Openly": Supreme Court Asks
In the last hearing the court had said it was considering an interim stay given the violence - deaths were reported from Bengal and clashes in Lucknow - over the new law.
That interim stay, however, was put on hold after the government asked for time.
READ | Supreme Court Thinks Of Interim Stay On Parts Of Waqf Act, Centre Says...
However, a major development in that hearing was the government assuring the court that there would be "no Waqf appointments... (and) no change in status (of properties claimed by Waqf boards)" for now.
Among those who have challenged the law are leaders of opposition parties like the Congress, AAP, DMK, and CPI, as well as Bihar Chief Minister Nitish Kumar's JDU, a BJP ally. That is significant given Bihar - which has a large chunk of Muslims - votes in an Assembly election later this year.
Religious organisations and NGOs, like the Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board, have also filed objections. Some petitioners have sought cancellation of the law while others have requested a freeze.
NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.
