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Waqf Board breach in Andhra Pradesh: CM Naidu changes Jagan government order; Now a new committee will be formed

Andhra Pradesh CM Chandrababu Naidu has dissolved the State Waqf Board. It was formed by the previous Jagan Mohan government. In an order promulgated on November 30, the current government revoked the Minority Welfare Department order promulgated during the previous government.

It has been said in the order that the High Court had stayed the election of the Chairman of the Andhra Pradesh Waqf Board. At the same time, a pending case challenging the constitutionality of the 2023 government order setting up the State Waqf Board created an administrative vacuum. Now a new waqf board will be formed in the state.

The order promulgated by the Naidu Govt…

The Law Minister said- the purpose of promoting security of waqf property Andhra Pradesh Law and Justice, Minority Welfare Minister N Mohammad Farooq said – The new order GO-75 aims to remove the governance loophole in the Waqf Board. Under the government's new instructions, waqfs are responsible for safeguarding property and promoting minority welfare.

The Jagan government formed the Waqf Board in 2023 The Wakf Board was constituted on 21 October 2023 in the Jagan government. Sheikh Khaja (Mutwalli), MLA Hafiz Khan and MLC Ruhullah were made members of the Wakf Board. Eight others were nominated members of the Waqf Board. However, the validity of the Government Order (GO) 47 promulgated for the election of Sheikh Khaja and the formation of the Waqf Board was challenged in the High Court in several writ petitions.

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The High Court stayed the election of the Speaker while considering petitions challenging the GO and raising a specific dispute against one of the nominated members. The court has also made it clear that the election of the member will be decided after the final decision on the writ petition. As long as the applications are pending, the Waqf Board will remain without a chairman.

Who said what on Andhra Govt's decision…

Andhra Pradesh BJP Vice President Vishnu Vardhan: The Andhra Pradesh government has disbanded the Waqf Board citing the lack of constitutional provisions for such institutions in a secular nation like India. Andhra Pradesh Minority Welfare Department is headed by NDA Government Minister N.M.D. Farooq, which ensures that minority welfare remains a priority.

BJP IT Cell Chief Amit Malviya: The Andhra Pradesh government has abolished the Waqf Board. There is no provision in the Constitution that supports its existence in secular India.

Now know about Waqf Board and its work? To oversee the land or property under waqf, a legal body was created, called the Wakf Board. When the country was partitioned in 1947, a large number of Muslims left the country and went to Pakistan. At the same time many Hindus came to India from Pakistan. In 1954, Parliament enacted a law called the Waqf Act, 1954.

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Thus the ownership rights of the lands and properties of the people who migrated to Pakistan were given to the Waqf Board by this Act. In 1955, i.e. a year after the Act came into force, the Act was changed and said that a Waqf Board should be constituted in every state.

At present, there are about 32 Waqf Boards in different states of the country, which register, maintain and manage Waqf properties. Many states, including Bihar, have separate waqf boards for Shia and Sunni Muslims.

The Waqf Board's job is to keep a complete account of the total income of the Waqf and who benefits from its money. They have the legal right to take any land or property and transfer it in the name of another. The Board can also issue a legal notice against the person. The Waqf Board has more powers than any trust.

Modi government wants to amend Wakf Board Act, formation of JPC The Modi government wants to make about 40 changes in the Waqf Board Act. For this, preparations are underway to bring the Waqf Amendment Bill, which is being opposed. The Waqf Bill 2024 was introduced in the Lok Sabha on August 8 in the monsoon session this year.

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Opposition parties including the Congress and the Samajwadi Party opposed the bill calling it anti-Muslim. Amid protests and heavy opposition from the opposition, the bill was sent to the JPC without any debate in the Lok Sabha.

This JPC is headed by BJP MP Jagdambika Pal. The JPC has 31 members, including 21 from the Lok Sabha and 10 from the Rajya Sabha. The JPC is to prepare a report after discussions with the state governments, which was asked to be presented in the winter session.

Since its formation, JPC has held 8 large-scale meetings of its members. In the 8th meeting on November 28, a decision was taken to extend the tenure of the JPC. Now it is being said that the JPC report will be extended till the last day of the 2025 budget session.

Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).

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