SC rejects plea to transfer Waqf Act petition from Delhi HC
New Delhi, Jul 22 (PTI) The Supreme Court on Tuesday declined to entertain a plea seeking transfer of a petition challenging the 1995 Waqf Act from the Delhi High Court to the apex court.
A bench headed by Chief Justice B R Gavai said that courts are increasingly being used for generating newspaper headlines rather than genuine legal redress.
The bench, which also comprised Justices K Vinod Chandran and N V Anjaria, made sharp remarks while hearing a transfer petition filed by advocate Ashwini Kumar Upadhyay.
The petition sought to move his challenge to various provisions of the Waqf Act from the Delhi High Court to the Supreme Court.
'This issue is already pending before this court. Why do you want more petitions," the CJI asked at the outset.
The bench noted that an earlier bench led by then CJI Sanjiv Khanna had already set a clear timeline for admitting such challenges.
The court had also permitted fresh petitioners to file intervention applications in the ongoing batch of 11 petitions challenging similar provisions of the Act.
Appearing in person, Upadhyay argued, 'I was the first person to challenge this," insisting that his petition was the one that drew public attention to the alleged 'land grab" by waqf boards involving over 40 lakh acres.
'We are not inclined to entertain the prayer." Upadhyay's writ petition before the Delhi High Court challenges the constitutional validity of Sections 4 to 9 and Section 14 of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025.
He said that these provisions are arbitrary and violate fundamental rights under Articles 14, 15, 21, 25, and 27 of the Constitution.
A similar challenge to the Waqf Act and its 2025 amendments is already pending before the Supreme Court, where a batch of petitions is being heard. PTI SJK KVK KVK
view comments
First Published:
July 22, 2025, 23:45 IST
Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
an hour ago
- The Hindu
‘SIR Trying to Introduce NRC in Bihar Through Back Door': Dipankar
Published : Jul 26, 2025 20:03 IST - 13 MINS READ The Election Commission of India's Special Intensive Revision (SIR) of electoral rolls in Bihar has sparked fierce opposition from political parties and civil society groups who see it as a deliberate attempt to disenfranchise the poor, migrant workers, and minorities. Dipankar, General Secretary of the Communist Party of India (Marxist-Leninist) Liberation, calls it 'surgically invasive reconstruction' that threatens the constitutional guarantee of universal adult franchise. In this interview with Saba Naqvi, he discusses how the SIR fits into a broader pattern of democratic redesign, the political stakes in Bihar where the BJP has struggled to gain direct control, and why he believes this represents the 'biggest possible attack on the Constitution'. Excerpts: Is our democracy being redesigned by the Election Commission of India undertaking a special electoral roll revision as a pilot project in Bihar? What is going to happen to Bihar and the rights of people who do not have property and documents? The Election Commission calls it a Special Intensive Revision. The people of Bihar call it Vote Bandi, like demonetisation. I find this a surgically invasive reconstruction. This is not intensive; this is completely invasive and it's not revising; this is complete reconstruction of the electoral roll. Disenfranchisement is a real threat for the poor, migrant workers, and people who don't have enough documents. Underdeveloped is also under-documented. Bihar is a backward State in terms of socio-economic development, so it's also backward in terms of digitalisation and digital documentation. But Bihar is one State where people really love their democracy. They need this democracy. I vividly remember the 1989 election, when for the first time, people managed to confront booth-capturing, they managed to fight this feudal stranglehold over the electoral process, cast their own votes, paying a heavy price. On the day of polling, just after polling was over, some 22 people were gunned down in an electoral massacre simply because people had dared to cast their vote for their own representative. We had won that election. So people know the value of a vote. They are not going to sacrifice it easily. Also Read | SIR in Bihar: Is it time for the opposition to boycott elections? Bihar is the only State in the Hindi belt where the BJP has not directly come into power. Data shows richer, more landed, privileged caste people are more likely to vote BJP, whereas poorer people are less likely. Could this be part of that or just a bureaucratic exercise? The Chief Election Commissioner told us when we met him that a lot of questions came up in Maharashtra, and that's why we're doing this. So I told him that Maharashtra questions will have to be answered in Maharashtra. You can't balance Maharashtra with Bihar. I don't think this is just for one election. This is something all-India—the Election Commission has said this is a new kind of way elections will be conducted in India, how electoral rolls will be constructed, and they are beginning with Bihar because this is the only election happening now. I don't think this is just to win one single Bihar election because the BJP has anyway been in power. It's a double engine government. I don't think it is just their desperation to somehow grab power in Bihar that they are doing the SIR. It goes way beyond that. You rightly said this is a democracy being redesigned in India. If you look at these three things: first, the way Election Commissioners are being chosen. This is the first Election Commission appointed after the Modi government came up with legislation, which clearly says in the three-member committee, the government will have a two-thirds majority. Right now we have Modi and Amit Shah who choose their Election Commissioners. Then you have this whole push for 'One Nation, One Election'. And the third thing is the electoral roll, which is the most crucial thing because if you want universal adult franchise, that has to begin with the construction of the electoral roll. In the 1980s, people used to have their names on electoral rolls, but they couldn't cast their votes due to booth capturing. But they didn't have this existential crisis that their names would not be there. Now they are having this crisis where their names will be removed. This is probably the biggest possible attack on the Constitution. This has brought it to every home. The most fundamental right, the crucial cornerstone of our Constitution, which is universal adult franchise, is at stake. When you are talking about 'one nation, one election', you see a complete redesign that gets into federal powers, disenfranchisement, and takes away powers of States. How much can the Left today actually take on the Right? Bihar is not amused. Bihar is not going to take it lightly. Bihar is one State where even before the Emergency, the 1974 movement happened. When the Emergency really happened, in 1977, while it was still under way, elections happened, and people threw that government out of power. Bihar was one State where probably the Congress got zero seats. Bihar is all about migration, migrant workers. From the colonial period, the indentured labourers were all mostly from Bihar. Migrant labourers from Bihar are all over India. During the Corona [COVID-19] lockdown, Bihar migrant workers had to take the brunt of the whole attack. They had to walk back home on foot. And now they are being removed from the electoral roll. This is going to affect not just migrant workers because their families are there. They are the soul of Bihar. Look at what this SIR tells you: post-2003, that is a new generation. People below 40 will have to prove their citizenship. This is all about proving your citizenship, even though the Election Commission doesn't admit it—they call it only eligibility testing, but they are actually getting into the National Register of Citizens [NRC] thing in Bihar. The young generation below 40, the women of Bihar, migrant workers, and Muslims—they are going to have to prove their citizenship. So I'm sure people will fight back. This fight gives the Left energy. Struggle is the mode of existence for democracy, for the people in Bihar. In the last Assembly election, you won 12 of 19 seats in alliance with the Rashtriya Janata Dal (RJD) and the Congress. In areas where you won, the BJP often lost out to you. Since then, equations are different—Nitish Kumar is ailing, Lalu Yadav is ailing, Chirag Paswan has entered. What do you anticipate? South Bihar is the region where we did our best. And the BJP fared worst in south Bihar. Look at the Lok Sabha results. There are four seats from Shahabad. All four have been won—two by our party, one by the Congress, one by the RJD. And neighbouring three seats in the Magadh region. So of the 10 seats won by the INDIA bloc, seven are from south Bihar, which is Shahabad and Magadh. You can see the BJP paying a lot of attention. Modi's second rally was in Bihar, probably the first time Prime Minister came to Bihar. After that, there was a rally by Chirag Paswan in Ara, which was basically pan-south Bihar mobilisation. He said that I'm going to contest 243 seats and there are talks that he may well be the NDA [National Democratic Alliance] candidate for Chief Minister. But you do not think they're going to dump Nitish Kumar, even though his popularity has declined, he is ailing, and there has been loss of control over law and order? It's a reign of terror now in Bihar. It's a government of the criminals, by the criminals, for the criminals. If you have seen that CCTV footage, that murder in Paras hospital. The way those five young people came, carried out the shooting, and left. None tried to hide their face. It shows a complete lack of fear because they know they enjoy absolute impunity and patronage. Nitish Kumar's main plank was Sushasan, good governance. If this is good governance where criminals call all the shots, I think they have just lost it. But the BJP still needs Nitish Kumar. Without Nitish Kumar, Modi 3.0 would not have happened. That's why he had to be hijacked just before the elections. Even now, if you compare Odisha and Bihar—in Odisha, it was all about Naveen Patnaik's health, Modi was so worried. And here everybody perceives that last one and a half years, Nitish Kumar's health, his public conduct, it is no longer like Nitish Kumar. So definitely something is wrong, but nobody will talk about it, especially in the NDA. Probably, they need Nitish Kumar for the time being and for the elections. But people know that something else is cooking. What about the gathbandhan (opposition) led by the RJD with Tejashwi Yadav, the Congress, and you? Intriguingly, Rahul Gandhi made a statement in Kerala equating the Left with RSS. I won't call it equated, but somehow he has found a way of clubbing the two together, which is completely unwarranted. Quite unfortunate. Given India's diverse political geography, you'll find States where there will not be a completely unified INDIA coalition. The INDIA coalition is basically the coming together of all the major political streams of India's freedom movement. We are the successors of Bhagat Singh. The Indian Left movement is nothing else. Bhagat Singh was probably the first authentic Left leader of India. So the Bhagat Singh legacy, Ambedkar's legacy, the legacy of Gandhi and Nehru, the legacy of Periyar—all these legacies, which are part of the freedom movement, we have to come together to fight this one force, which was never part of the Indian freedom movement, who acted against the freedom movement. There may be differences. You will find Bengal where the Congress and the Left are in opposition. You will find Kerala, where the Left is in power, the Congress in opposition. For me, all non-BJP forces should also be anti-BJP forces because the BJP appropriates everybody. Non-BJP parties—it's not enough to be non-BJP. You have to fight against the BJP. In the INDIA coalition, we have decided to march together and strike together. Structurally, Booth Level Officers (BLOs) are temporary government servants, and Booth Level Agents (BLAs) are always RSS workers. How does the RJD, the Congress, CPI(M-L)L fight against the largest cadre organisation in the world? I'll tell you two things. One, there is this whole talk about Bangladeshis and people from Myanmar and Nepal, BLOs on house visits discovering such things. But on July 10, 2019, when Ravi Shankar Prasad was Law and Justice Minister, he told Parliament, citing the Election Commission, that 2016 to 2019, it got only three complaints from across India of foreign nationals on electoral rolls. Those three cases were in 2018—one from Telangana, one from West Bengal, one from Gujarat, none from Bihar. So this sudden discovery of influx of foreign nationals in Bihar villages defies credibility. Number two, they are introducing NRC by the back door. On February 25, 2020, the Bihar Assembly took a consensus resolution, unanimous resolution—Nitish Kumar was then with the BJP—that Bihar doesn't need NRC. There will never be an NRC in Bihar. Now they are trying to introduce NRC in Bihar through this electoral roll route. People in Bihar are not going to accept this. The BLOs and BLAs are under pressure. When BLOs are seen as instruments of exclusion, they will have to face the people. If they just act as instruments of disenfranchisement, people are not going to accept it. What has been the arc of your 40 years working in Bihar? How do you adapt when the world has shifted from feudalism and land to social media and money? When we started, the key issues in the 1970s were three: land, wages, and dignity. Dignity was probably the most important thing—whether somebody can sit on a cot, ask for wages for work done. Then gradually in the 1980s, we fought for voting rights. Now, dignity means that you lead a dignified life where you have your rights—education, health, employment, and secure employment with decent wages. The agenda has become bigger. There has been enrichment. That generation, which had to fight for their right to vote, for basic human rights—this current generation takes things for granted. But they are an aspiring generation. They want education, jobs, decent wages. We see it as a continuum. World has shifted, but at the end of the day, it's still about the people who matter. Especially in Bihar, that's one State where it still pulsates, the life of the people. The BJP is not seen just as a party that practices communalism in Bihar. It's also a party that represents the feudal forces. So the rise of the BJP is being seen as the rise of feudal restoration in Bihar. Also Read | 'People have said: we want our republic': Dipankar The All India Majlis-e-Ittehadul Muslimeen (AIMIM) won a few seats in Seemanchal and seeks an alliance with the RJD. Your thoughts on the world situation—Gaza genocide, Pahalgam attack? AIMIM is an all-India party. Last election they won five seats, but Lok Sabha they didn't do that well. There is a feeling that concerns of the Muslim community are not being addressed adequately by people who care for Muslim votes, but they should also care for Muslim voters and their concerns. That's where AIMIM entered Bihar after the anti-CAA movement. Pahalgam—it has been more than 90 days now. We still don't know those four or five terrorists who came and did all this. Where are they? The main question was to bring them to justice. The Lieutenant Governor, Manoj Sinha, gives an interview, says this was a major security failure, I take responsibility. I don't know how you take responsibility sitting on the chair. If the government admits this is a security failure, then they should also admit that stripping Kashmir of its statehood was a big mistake. Kashmir has to get its statehood back. This foreign policy isolation—the primary reason is that India has mortgaged its foreign policy to Trump and Netanyahu combined. If you don't have the guts to condemn genocide in no uncertain terms in the United Nations, which most countries in the world are doing, even England and Germany and France, and we abstained—how can we expect that people will be concerned about Pahalgam? That's what has brought us this isolation and complete derailment of Indian foreign policy. It has been a complete betrayal, a complete failure on every field from economy to governance to foreign policy and increasingly India's unity. If you pit one language against another, one religion against another, if you go on dividing the country, the beauty of the national movement was it united India. The Constitution is the basis that can keep India united. This whole last year's experience has made the people of India more experienced. I'm sure with the SIR and all that, the BJP is exposing itself more clearly to more people. The people will definitely give their final verdict. Saba Naqvi is a Delhi-based journalist and author of four books who writes on politics and identity issues.
India.com
an hour ago
- India.com
Big setback for Donald Trump as Federal Court strikes down birthright citizenship order across US; how will it affect Indians?
(Image: Reuters) New Delhi: A federal court in America has again stayed President Donald Trump's order which said that if a child's parents are living illegally in America, then that child will not get American citizenship. This is the third time that the court has stopped Trump's order from being implemented. The court also said that the final decision on this matter will be taken by the Supreme Court, but until any order comes from there, this rule of Trump will not be implemented. When was the order passed? Trump had banned Birthright Citizenship by signing an executive order on January 20, the day of his swearing-in. A few days after this, the US Federal Court had stayed President Donald Trump's decision to end the right to birthright citizenship for 14 days. Earlier on June 28, the US Supreme Court had given a decision in favour of President Trump. The Supreme Court had said that the judges of the lower courts cannot stop Trump's birthright citizenship order across the country. They should reconsider their order. What did the US Supreme Court say? The Supreme Court had said with a majority of 6-3 that a federal judge alone cannot decide to stop policies across the country. Now if a case like Trump's order has to be stopped, then many people will have to sue together, not just one state or person. Justice Amy Coney Barrett, who wrote the decision, had said – the job of federal courts is not to monitor government orders. Their job is to resolve matters according to the powers given by Parliament. However, the court did not give any immediate decision on Trump's order and also ordered not to allow Trump's order to be implemented for 30 days i.e. till July 28. This means that for now, children born in America will continue to get citizenship, as they used to get earlier. Under which 3 situations citizenship is not granted by Trump's order? The executive order by which Trump abolished the birthright citizenship law is named 'Protecting the Meaning and Value of American Citizenship'. This order refuses to grant American citizenship in 3 situations. If the mother of a child born in America is living there illegally. At the time of the child's birth, the mother is a legal but temporary resident of America. The father should not be a US citizen or a legal permanent resident at the time of the child's birth. The 14th Amendment to the US Constitution gives the right to birthright citizenship. Through this, children of immigrants living in the US also get the right to citizenship. What will be the effect on Indians? According to the data of the US Census Bureau till 2024, about 54 lakh Indians live in America. This is about one and a half percent of the US population. Two-thirds of these people are first generation immigrants. That is, they went to America first in the family, but the rest are citizens born in America. If the Supreme Court gives an order in favour of Trump's bill, then it will become difficult for first generation immigrants to get American citizenship. However, if it gives an order against it, then citizenship will remain as before.
Time of India
2 hours ago
- Time of India
With events across state, SP renewsresolve to protect quota, Constitution
Lucknow: To renew its "resolve to protect the reservation system enshrined in Indian Constitution", the Samajwadi Party functionaries on Saturday assembled in large numbers across the state to observe July 26 as the Samvidhan Mansthambh Divas. Party workers attended special events organised to outline the ways and means that the BJP government has devised to subvert the right to reservation and constitutional frameworks to undermine the rights of the oppressed and exploited sections of the society. The party leaders across the state cited outsourcing of government jobs as a major onslaught on right to reservation. They explained in detail to people how the BJP has devised the "Not Found Suitable" option to deny jobs to PDA community members in various universities, colleges and institutes. They also cited how the Special Intensive Revision (SIR) of electoral rolls for Bihar elections was another covert attempt of the BJP to change the Constitutional practices in use since Independence. Party's national president Akhilesh Yadav mooted the idea of observing July 26 as the Samvidhan Mansthambh Divas and had called upon the party functionaries to hold events to inform the masses how their right to reservation was being curtailed by the present BJP government by impeding constitutional provisions. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Remember Him? Take A Deep Breath Before You See Him Now The Noodle Box Undo On Saturday, he congratulated the party leaders for successfully holding the event at such a large scale. He said Samvidhan Mansthambh Divas encapsulates the spirit of PDA Prakashsthamb which is about lighting up the path for the Pichhde (backward classes) Dalits and Alpsankhyaks (minorities) to reclaims their rights as enshrined in the Constitution and which they were being deprived of by the BJP in a systematic manner. SP MP from Azamgarh Dharmendra Yadav, who was the chief guest of the Samvidhan Mansthambh Divas event held in Jaunpur, called upon the PDA community to come forward to help save the Constitution and protect reservation. In Mainpuri, SP MLA from Karhal Tej Pratap Yadav chaired the event and urged the "oppressed sections of the society" to rise and voice their concerns by dislodging the BJP from the government. Senior party functionary Rajpal Kashyap, who chaired one of the most largely attended event of the day held in Shahjahanpur, underlined the evolution of PDA since the run-up to the 2024 Lok Sabha polls. He said the PDA needs to stay together in the days to come and take on the BJP and its attempt to deprive the neglected lot its due. In Lucknow, former MLC Dr Madhu Gupta, MLA Arman Khan and district president Faqir Siddiqui addressed the gathering and underlined the need to voice concerns against BJP's attempts to subvert constitutional traditions.
