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Business Standard
02-05-2025
- Politics
- Business Standard
Waqf Act violates 'basic structure' of Constitution: Sena (UBT) leader
The contentious Waqf (Amendment) Act, 2025, violates the landmark Supreme Court judgment on the "basic structure" doctrine of the Constitution, a senior Shiv Sena (UBT) leader has claimed. Sanjay Lakhe Patil, secretary of the Uddhav Thackeray -led opposition outfit, accused the Bharatiya Janata Party (BJP) of deliberately trying to dismantle the spirit of communal harmony -- what he described as the 'Ganga-Jamuni Tehzeeb' or unifying composite culture-- by creating divisions among communities. The Sena (UBT) functionary made these remarks while addressing a gathering organised by the All India Muslim Personal Law Board's Jalna unit on Thursday. He claimed the new amendment in the Waqf Act, passed by Parliament last month, violates the landmark Kesavananda Bharati judgment by the Supreme Court, which laid down the "basic structure" doctrine of the Constitution. The 1973 Kesavananda Bharati judgement on basic structure doctrine had clipped the vast power of Parliament to amend the Constitution and simultaneously gave the judiciary the authority to review any amendment. The verdict had held though Parliament had the power to amend the Constitution under Article 368, it did not have the power to emasculate its basic features. The Sena (UBT) leader alleged the BJP-led central government offered "big packages" to its NDA allies -- Bihar Chief Minister Nitish Kumar and his Andhra Pradesh counterpart Chandrababu Naidu --- in exchange for their support of the Waqf Act in Parliament. The Act introduces several reforms designed to improve transparency, efficiency, and control in the administration of Waqf properties. Waqf refers to personal property -- moveable or immovable -- that is permanently donated by Muslims for religious or charitable purposes. "The case (related to challenge to the new law) is currently being heard in the Supreme Court, where the Chief Justice has posed serious questions to Solicitor General Tushar Mehta," Patil noted. The Sena (UBT) leader said BJP MP Nishikant Dubey's recent comments targeting judiciary and Chief Justice of India (CJI) Justice Sanjiv Khanna were deplorable. He assured the Muslim community of his party's full support in their agitation against the Waqf Act. "The Shiv Sena (UBT) voted against the Bill in Parliament. We stand with you and your protests," Patil maintained.
Hindustan Times
02-05-2025
- Politics
- Hindustan Times
Waqf Act violates 'basic structure' of Constitution, says Shiv Sena (UBT) leader
The contentious Waqf (Amendment) Act, 2025, violates the landmark Supreme Court judgment on the "basic structure" doctrine of the Constitution, a senior Shiv Sena (UBT) leader has claimed. Sanjay Lakhe Patil, secretary of the Uddhav Thackeray-led opposition outfit, accused the Bharatiya Janata Party (BJP) of deliberately trying to dismantle the spirit of communal harmony -- what he described as the 'Ganga-Jamuni Tehzeeb' or unifying composite culture-- by creating divisions among communities. The Sena (UBT) functionary made these remarks while addressing a gathering organised by the All India Muslim Personal Law Board's Jalna unit on Thursday. He claimed the new amendment in the Waqf Act, passed by Parliament last month, violates the landmark Kesavananda Bharati judgment by the Supreme Court, which laid down the "basic structure" doctrine of the Constitution. The 1973 Kesavananda Bharati judgement on 'basic structure' doctrine had clipped the vast power of Parliament to amend the Constitution and simultaneously gave the judiciary the authority to review any amendment. The verdict had held though Parliament had the power to amend the Constitution under Article 368, it did not have the power to 'emasculate' its basic features. The Sena (UBT) leader alleged the BJP-led central government offered "big packages" to its NDA allies -- Bihar Chief Minister Nitish Kumar and his Andhra Pradesh counterpart Chandrababu Naidu --- in exchange for their support of the Waqf Act in Parliament. The Act introduces several reforms designed to improve transparency, efficiency, and control in the administration of Waqf properties. Waqf refers to personal property -- moveable or immovable -- that is permanently donated by Muslims for religious or charitable purposes. "The case (related to challenge to the new law) is currently being heard in the Supreme Court, where the Chief Justice has posed serious questions to Solicitor General Tushar Mehta," Patil noted. The Sena (UBT) leader said BJP MP Nishikant Dubey's recent comments targeting judiciary and Chief Justice of India (CJI) Justice Sanjiv Khanna were deplorable. He assured the Muslim community of his party's full support in their agitation against the Waqf Act. "The Shiv Sena (UBT) voted against the Bill in Parliament. We stand with you and your protests," Patil maintained.
Time of India
27-04-2025
- Politics
- Time of India
A poet who epitomises SC's order on ‘Urdu as tehzeeb'
It took the Supreme Court to expose a lie. Rejecting a plea by a former councillor of Patur town in Akola against the use of an Urdu signboard on the municipal council building, the top court succinctly pronounced: "Urdu is the finest specimen of Ganga-Jamuni Tehzeeb or the Hindustani Tehzeeb." Perhaps, nobody in the city conforms more to the top court's definition of Urdu than former IRS officer-poet Vinod Kumar Tripathi . Tripathi, 68, whose pen name is ' Bashar ', embodies the language's basic character. It is boundary and religion neutral. The former bureaucrat-poet recently received a new feather in his cap when legendary former Pakistani cricketer Zaheer Abbas brought a beautiful gift for him. It was a copy of an MPhil thesis that Pakistani scholar Nadeem Ilahi completed on Tripathi from Multan-based Bahauddin Zakariya University. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Titled "Vinod Kumar Tripathi: Adbi Khidmaat" (Vinod Kumar Tripathi: Literary Contributions), the research pays tribute to Tripathi's dogged determination to know Urdu, especially its script, the craft of penning poetry, and his refusal to accept the obnoxious view that Urdu belongs to Muslims alone. "Since my second collection of Urdu poetry 'Meri Zameen Ki Dhoop' also got published in Pakistan, scholar Nadeem Ilahi decided to do an MPhil on me and my work. I am overwhelmed as it reaffirms my faith that poetry knows no boundaries," says Tripathi, seated at the poolside coffee shop of a South Mumbai elite club. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Co-Founder of Google Brain, Andrew Ng, Recommends: 5 Books For Turning Your Life Around Blinkist: Andrew Ng's Reading List Undo Growing up in the multilingual, multicultural milieu of Allahabad (now Prayagraj), Tripathi honed his skills in poetry writing quite early. Initially using the pen name Tathagat, he edited the college magazine Campus, became a leftist, and briefly drifted to atheism before he mastered political science, taught it briefly at a college, and subsequently entered Civil Services. "Poets are sensitive by nature. They want to change situations, bring change by words. I too would get sad at the people's sorrow and wanted to express my feelings through poetry," he says. Though he has three collections to his credit (two more are in the pipeline), it was his first collection 'Meri Zameen Ke Log' that became the reason for his learning the Urdu script. He brought this collection in Hindustani in Devnagri script. Posted in Mumbai as a senior Income Tax officer, he befriended many connoisseurs of poetry in the city. Growing up on Sahir Ludhinavi's shairi and ghazal gaiki of the likes of Jagjit Singh, Mehdi Hassan, and Begum Akhtar, he found himself drawn to soirees featuring singers from India and Pakistan. Once at a concert in Bandra, he met Pakistani singer Shafaqat Hussain and wanted to gift him a copy of his first book. "Mujhe Hindi nahin aati (I do not know Hindi)," said the singer, sending Tripathi into a tizzy. "That day, I realised I cannot do justice till I learn the Urdu script. I briefly hired a tutor, but soon began self-teaching. With the help of books, a dictionary, and an online course, I learnt its script," says the poet, who gets invited to mushairas but refuses to take remunerations. "Poetry writing is not my source of income. I believe in the tradition that those poets who depend solely on writing and reciting poetry deserve the remunerations," he says. Did he ever face any criticism from family or friends for learning Urdu? "On the contrary, many ask me how I learnt it. I remember one person on Facebook asking me why I write in Urdu and another suggesting I should not write in the language if I do not know it properly. I suitably answered them and nobody has asked me such stupid questions since," he laughs. While researcher Nadeem Ilahi admits that he found Tripathi's poetry humanist and compassionate, he also quotes, for validation, testimonies of many eminent scholars, including General Secretary of Anjuman Taraqqi Urdu (Hind) Athar Farooqui. "The humility Vinod Kumar Tripathi shows in his personality also punctuates his poetry. He learnt Urdu to do poetry in this language and worked very hard on prosody," says Farooqui, who has closely read Tripathi's poetry collections.
Indian Express
22-04-2025
- Politics
- Indian Express
From the Urdu Press: ‘Current dispensation wants to bulldoze judiciary too', ‘SC ruling shows Urdu a bridge, not a wall'
Over the week the Urdu dailies kept their focus on rulings by the Supreme Court in cases ranging from pleas challenging the Waqf (Amendment) Act to the row over the use of Urdu on a Maharashtra civic body's signboard. The dailies spotlighted the Court's move to red-flag certain contentious aspects of the Waqf Act – which led to the Centre pressing pause on them – and recorded the backlash from the BJP camp. They hailed the apex court's decision to uphold the Patur municipality's signage marked with Urdu among other languages, underlining its observation that language is culture meant for connecting people and that Urdu is 'the finest specimen of the Ganga-Jamuni Tehzeeb'. SIASAT In its April 21 editorial, the Hyderabad -based Siasat flags criticism by BJP MPs Nishikant Dubey and Dinesh Sharma of Chief Justice of India (CJI) Sanjiv Khanna and the Supreme Court, respectively, over observations on the Waqf Act and its order setting timelines for governors and the President in deciding Bills passed by state legislatures. The attempts to target the apex court from different quarters were a cynical bid to create anarchy in the country, says Siasat, adding: 'BJP MPs are also firing salvos at the top court to undermine its majesty. All these attempts seem to be part of a calculated design to put pressure on the court and hurt its dignity.' The editorial notes that on the eve of the hearing on the amended Waqf law in the apex court, Union Minority Affairs Minister Kiran Rijiju had said that he hoped the court would refrain from making intervention in a legislative matter. 'The Vice-President then went on an onslaught against the judiciary. And now, the BJP MPs have targeted the apex court and the CJI. These bids are aimed at denting the authority of judiciary, which remains a vital and strong pillar of Indian democracy,' it says. Referring to BJP president J P Nadda's statement distancing the party from Dubey and Sharma's remarks, the daily says the ruling party should have reprimanded them and issued show-cause notices to them. 'This betrays the BJP's hypocrisy. A perception has gained ground that as the top court is seized with various crucial cases and has asked some sharp questions of the government over the amended Waqf law, attempts are being made to pile pressure on it, to the detriment of the country,' the edit says. 'At a time when various constitutional institutions have been subverted, courts have remained the people's last refuge for seeking justice and protection of their rights. It is unfortunate and disturbing that the current dispensation is bent on bulldozing the judiciary too.' URDU TIMES Highlighting the Supreme Court's decision to uphold the use of Urdu on the signboard of the Patur Municipal Council building in Maharashtra's Akola district, the Mumbai -based Urdu Times, in its April 17 leader, says that India's greatness lies in its diverse cultures, multiple languages and plural heritage. 'The core idea of our country is unity in diversity. This principle has been reinforced by the Court's ruling dismissing a plea challenging the use of Urdu on the sign board of the Patur municipality,' it says. 'The apex court affirmed Urdu's Indian identity, greatness and deep cultural roots. This was not only a matter pertaining to a signage but a larger issue concerning our composite culture and ethos.' The daily says: 'The Court underlined that language is not religion and does not represent religion. Language belongs to a community and a region, and is the collective legacy of their people.' The apex court called Urdu 'the finest specimen of the Ganga Jamuni Tehzeeb', it notes. 'Urdu grew and flourished in India in the course of centuries of amalgamation of diverse languages, cultures and traditions. It has been the language of a galaxy of great poets including Meer, Ghalib, Firaq and Faiz, among others. Without Urdu, the history of India's literary and cultural history would not be complete.' The editorial points out that the top court also dispelled the misconception that Hindi is the language of Hindus and Urdu of Muslims, rejecting such prejudiced attempts to drive a wedge between the two Indian languages. The reality is that Hindi and Urdu are two streams of the same civilisation, it says. 'The top court's ruling is remarkable not only legally, but also on the cultural and intellectual grounds. It has pointed out the significant influence of Urdu on the court parlance and our daily life. Urdu is a bridge, not a wall. The court has noted that language is essentially a means of communication and not a political or administrative tool to wield power. So if a section of locals in an area use Urdu, its public institutions should use it to communicate with them,' the edit says. 'The apex court's decision has not only done justice with Urdu but has also upheld the dignity of all languages and cultures. It should be seen as a vindication of our pluralistic ethos, which brings the people together as the Indian nation transcending the divides of religion, caste, creed and race.' Commenting on the Supreme Court's move to defer the hearing on the pleas challenging the Waqf Amendment Act to May 5 after recording the Centre's assurance that it would neither denotify the waqf properties, including waqf-by-user, nor make any appointments to the Waqf Boards and the Council, Siasat, in its April 18 editorial, says the development in the apex court has come as a 'relief to not only the Muslim community but all right-thinking people'. Pointing out that a slew of Muslim bodies and Opposition parties and leaders have moved the Court against the Act, the edit notes that the court has granted a week to the Centre to file its response. The Centre's pause bid came a day after the Court Bench headed by CJI Khanna asked some tough questions of it, the edit states, adding that the Bench asked if the government would allow Muslims in Hindu endowment boards like the way the Act provides for the inclusion of non-Muslims in the Waqf Boards. 'Although the relief given is temporary, it is welcome,' the edit says. 'This is to be seen what will be the Centre's response. The BJP-led government rammed through the Waqf legislation in Parliament by dint of its majority. Earlier, the ruling side had also done the same through the Joint Committee of Parliament. But the matter before the Court could be a different ball game as the government will have to answer bristling questions with sound legal reasoning.' The daily says the task is also cut out for the petitioners. 'They will have to remain alert and prepared for a long haul. They must have a comprehensive legal strategy,' it says. 'They must build up a solid, watertight case. Rather than looking to extract political mileage, they will need to dedicate themselves to the Waqf cause in the interest of the Muslim community.'
