Introduction of Private Members Bills

REGISTERED NO. DL—(N)04/0007/2003—23 The Gazette of India CG-DL-E-19012024-251163 EXTRAORDINARY PART II — Section 2 PUBLISHED BY AUTHORITY No. 26] NEW DELHI, FRIDAY, DECEMBER 8, 2023/AGRAHAYNA 17, 1945 (SAKA) Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bills have been introduced in the Rajya Sabha on the 8th December, 2023:— BILL NO. LXXVI OF 2022 A Bill to repeal the Waqf Act, 1995. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Waqf (Repeal) Act, 2022. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. This Waqf Act, 1995 is hereby repealed. Short title and commencement. Repeal of Act 43 of 1995. STATEMENT OF OBJECTS AND REASONS The Waqf Act, 1954 was predicated on the management of waqf; i.e. holding certain property and preserving it for the confined benefit of certain philanthropy and prohibiting any use or disposition of it outside that specific objective and had sought itself to be a measure towards public welfare and as a benevolent institution. Subsequently, some infirmities pertaining to the management of the waqf was felt and the Wakf Act, 1954 was later repealed and the new Waqf Act was passed in 1995 (hereinafter referred to as "the Act") giving more powers to waqf boards. Amendments were later introduced in the year 2013, thereby arming the waqf with limitless and absolute autonomy in the matters relating to it. Due to these powers, the Waqf Boards is now the third largest owner of land after the Indian Armed Forces and the Railways and their share of land has doubled since 2009. The enabling provisions enshrined in section 40 of the Waqf Act, 1995 gives powers to the Board to acquire, issue notices or hold an enquiry into the ownership of the property that it has reasons to believe belongs to the Waqf. The board is allowed to conduct an independent enquiry into the matter and arrive at a conclusion regarding the ownership of the contended property. The decision of the board is final unless revoked by a specific order of the Tribunal and the only remedy available to the aggrieved is to approach the Tribunal with a suit which is barred by a limitation of only one month. There appears to be no cogent reason as to why the Act itself should make an exception from the established principles of the Limitation Act, 1963. Appeals to the orders of the Tribunal are not maintainable in other Court of Law. Further, the burden of proof regarding the ownership of a land contended to be a property of Waqf falls on the person holding the possession of that land. Should the incumbent fail to prove his title to the satisfaction of the Board, such land or property shall have to be vacated. Such provisions invariably amount to depriving the citizens of their rights to seek constitutional remedies and are gross violation of natural justice. As such, it has been felt that there is a dearth of adequate safeguard to other communities and especially poor people for protection of their properties from its inclusion in Waqf. Waqf Board has simultaneously been afforded with unbridled power in terms of registering any property, no other trust, mutths, akharas or a society is conferred with even remotely parallel autonomy in their affairs. Registration of property is an important corner stone of personal rights guaranteed in the Indian Constitution. The Waqf Act is discriminatory both in intent and application while retaining a charitable optics and is in stark violation of article 13(2) of the Indian Constitution that prohibits the State from making laws that abridge the rights conferred to the citizens by Part III of the Indian Constitution. The Act as amended from time to time is also against the autonomy of the State in matters falling within its domain. Sections 28 and 29 of the Act provides overriding powers to the Waqf Board and its CEO to compel the State machinery to act in a manner consistent with the interest of the Board. Section 14 of the Act provides that the Board shall consist of a Chairperson, a member amongst the Muslims who has professional experience in town planning, finance, agriculture, etc., a recognized scholar in Shia and Sunni Theology nominated by the State Government, one person amongst the Muslims nominated by the State Government who is an officer of the State Government (but not below the rank of Joint Secretary) and not more than two members will be elected by the electoral college constituting; Muslim Members of the Parliament from the particular state, Muslim Members of the State Legislature, Muslim Members of the Bar Council of the concerned state and mutawallis having an annual income of one lakh rupees and above. The provisions of the Act makes it mandatory that the appointment of members of the Board is restricted to Muslim community only even when the members of the Board are entitled to the status of public servants which arguably is in contravention of the spirit of equality in employment. Such provisions are intended to further the interest of the Muslim community and have successfully served in unconstrained amassment of property in the name of Muslim charity. Further, many provisions of the Act are repugnant or constitutionally infirm. In so far as the other entities such as mutths, akhara and other trusts are concerned which may also bear a religious undertone, the Act fails to establish any reasonable classification that may corroborate the conferment of such special status to the waqf. It is an established fact that the Constitution is the supreme law of the land and therefore it cannot be undermined by the Waqf Act, 1995. In the light of above and for the purpose of achieving a more equitable arrangement and treatment of bodies such as waqf and other recognised religious entities established under similar intent, and to curb arbitrary amassment of properties by the waqf in the name of muslim charity, the aforesaid Wakf Act, 1995 as amended till date is proposed to be repealed. Hence this Bill. HARNATH SINGH YADAV BILL NO. XLIII OF 2023 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment), Act 2023. (2) It shall come into force at once. 2. In article 348 of the Constitution, in clause (1),— (i) for sub-clause (a), the following shall be substituted, namely:— "(a) all proceedings in the Supreme Court shall be conducted in the official language of the Union, namely, Hindi and in all the regional languages listed in the Eighth Schedule of the Constitution, and a transcript thereof shall be translated into and made available in the English language. (b) all proceedings in every High Court shall be conducted in the official language of the Union, namely, Hindi and in the official lauguage of the respective State, and a Short title and commencement. Amendment of Article 348. transcript thereof shall be translated into and made available in the English language. (ii) clause (b) shall be re-numbered as "clause (c)" and the following shall be substituted, namely:— "(c) the authoritative texts i.e.,— (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and (iii) of all orders, rules, regulations and byelaws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be bilingual, i.e., in Hindi and English languages, and shall also be translated into and made available in all other languages listed in the Eighth Schedule of the Constitution.". 3. Clause (2) shall be omitted. 4. Clause (3) shall be omitted. STATEMENT OF OBJECTS AND REASONS Seventy-four years after independence, the linguistic shadow of the colonial heritage of the country still remains. Article 348 of the Constitution stipulates that all proceedings before the Supreme Court and each High Court shall be conducted in English. After independence, our constituents expressed the need to promote Hindi along with other regional lauguages in our country's official functions. The use of English for certain purposes was originally agreed for a period of 15 years. 2. In addition of this, the Constitution empowers the President to set up an Official Languages Commission to resolve language-related issues and to promote Hindi language. After that, Commissions were formed, and numerous reports were prepared, several orders were issued, and attempts were made to implement the provisions of the Official Languages Commission. However, the final expected result was not obtained. The rapid adoption of English as the official language has led to the neglect of Hindi as well as other regional languages of the masses. Moreover, the issue is not only about promotion of Hindi as Official Language, but simultaneous promotion of other regional languages of the country on equal terms. 3. Even today, we are unable to maintain and promote our rich treasure of regional languages. The languages of all rich nations continue to thrive, but the diverse languages of our country are declining. Working in Hindi and other regional languages can bring this diverse nation together. The most urgent need now is to initiate the promotion of our regional languages for connecting with the masses and dispensing equity and justice as enshrined in the basis structure of the Constitution. Concrete initiatives need to be taken in this direction in order to promote regional languages to connect the people of our country. To achieve this and to get the expected results from the Official Languages Commission, what is needed today is to enforce usage of Hindi as well as other regional languages in the official working of the country, especially in the Supreme Court and the High Courts of the country, who are assigned with the duty of dispensing justice to the citizens of our country. 4. Furthermore, Law is taught in Hindi and in regional languages in all educational institutions across the country and students are pursuing law degrees in Hindi and regional languages as well. But English being the language of the Supreme Court and High Courts of India, several law graduates are compelled to file cases in English when practising before the Supreme and High Courts. Because, these lawyers who have studied law in Hindi or in regional languages are not competent enough to explain cases in English, they face discrimination in their practice in Supreme Court and High Courts of India. Such discrimination is violative of their fundamental right to practice their profession, as enshrined in article 19(1)(g) of the Constitution. 5. The Bill intends to amend the provisions of article 348 of the Constitution to do away with the compulsory use of English in the proceedings of Supreme Court and High Courts and for the authoritative texts of the Parliament, State Legislatures and all the rules, regulations, Hindi and English along with translations available in all the regional languages listed in the Eighth Schedule of the Constitution. Hence, this Bill. HARNATH SINGH YADAV BILL NO. LX