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A large part of the arguments in the duration of the Supreme Court on the statements that challenge the WAQF amendment law revolved around article 26 of the Constitution of India.
The Supreme Court of India listens
Article 26 of the Constitution of India dominated the arguments and counter -arguments for the hearing of a lot of requests that challenge the WAQF amendment law in the Supreme Court on Wednesday.
The main defender and leader of Congress, Kapil Sibal, who appeared in court on behalf of Jamiat Ulema-E-Hind, referred to article 26 and argued how the law in question “violates” the provisions of the article.
Article 26 becomes a point of conversation in the Supreme Court
“Let me address widely what the challenge is about. Through parliamentary legislation, what should be done is to intervene in an essential and integral part of a faith. I mean the artericle 26 and many evidence of the 26 acticle 26”, in the court.
When reading the sections of the WAQF law being challenged, Sibal said: “Who is the State to tell us what the inheritance in my religion will be like?”
The president of the Justice of India, Sanjiv Khanna, said that it happens in the case of Hindus and stressed that article 26 does not prohibit the promulgation of the law for Muslims, since it is of a secular nature.
“But in Hindus it happens. Therefore, Parliament has promulgated a law for Muslims. Perhaps, not as Hindus. Article 26 will not prohibit the promulgation of the law in this case. Article 26 is universal and is secular in the way that he is.” The CJI said.
Responding to this, Sibal said that inheritance in Islam takes place only after disappearance.
Sibal also argued that only Muslims had been part of the WAQF Board as the beginning, and now the provisions of the law open doors for Hindus to be part of it, which is a “direct usurpation of fundamental rights” by Parliament.
“Now, the WAQF Council and the Boards. Only Muslims had been part of such together. Now, Hindus can be part. This is a direct usurpation of the foundations of return due to parliamentary promulgation,” said Sibal.
Judge KV Vishwanathan, who was also part of the bank that includes the CJI and Judge Sanjay Kumar, said: “The warnings of article 26 with respect to the administration, etc., cannot be confused with essential religious practices.”
What is article 26 or the Indian Constitution?
Article 26 of the Indian Constitution guarantees the citizens of India the freedom to manage their religious affairs.
Article 26 states:
Subject to public order, morality and health, each religious denomination or any section of the same will have the right
(A) Establish and maintain institutions for religious and charitable purposes
(b) Manage your own matters in matters of religion
(c) possess and acquire mobile and immovable properties; and
(D) Manage said property in accordance with the law.
