From UPSC perspective, the following things are important :
Prelims level: Doctrine of Repugnancy; Sachar Committee, Article 254, Waqf
Mains level: NA
Why in the news?
- The Madras High Court ruled the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act of 2010 as repugnant and unconstitutional.
- The amendment conferred authority on the Tamil Nadu Waqf Board CEO to order evictions, contradicting with the Central legislation, the Waqf Act of 1995.
Madras HC Verdict:
- Parliament’s 2013 amendment to Waqf Act prevails over Tamil Nadu’s legislation.
- It already provides uniform and effective mechanisms for possession recovery.
Arguments made by TN:
- Lawyers argue 2010 amendment exercised power under Concurrent List, required Presidential assent.
- State law and Central law cannot co-exist, Parliament’s 2013 amendment prevails.
- Original provisions of Waqf Act not sufficient to deal with encroachments.
- Tamil Nadu enacted 2010 amendment based on Sachar Committee recommendation.
Sachar Committee:A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005. |
What is Doctrine of Repugnancy?
Key Provisions of Article 254:1. Article 254(1):
2. Article 254(2):
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PYQ:[2016] The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the: (a) Lok Sabha by a simple majority of its total membership (b) Lok Sabha by a majority of not less than two-thirds of its total membership (c) Rajya Sabha by a simple majority of its total membership (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting |
Back2Basics: What is Waqf property and what does the Waqf Act state?
Details | |
Enactment |
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Key Provisions |
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Legal Status | Property declared as Waqf cannot be contested in court; appeals must be made to the Waqf Board. |
Chairmanship |
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Waqf Property |
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Details | |
Definition |
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Donation Criteria | Must be donated by Muslims above the age of 18. |
Ownership |
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Types | Includes movable or immovable property donated for charitable purposes. |
Management | Overseen by the Waqf Board, responsible for legal matters and property administration. |
Total Properties |
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