Muslim organizations in Kerala have asked both the Left government and opposition parties to adopt a unified resolution stating that the Waqf Amendment Act will not be enforced in the state. They want the state to follow the actions of Tamil Nadu and West Bengal. The Tamil Nadu Assembly passed a motion calling on the center to revoke the act before the parliament even passed it, while West Bengal Chief Minister Mamata Banerjee announced that she would not implement it in her state.
West Bengal has been experiencing a surge of violence linked to the anti-Waqf Amendment Act over the last several days. On the other hand, Dravida Munnetra Kazhagam (DMK) has approached the Supreme Court against the act. Thodiyur Muhammed Kunji Moulavi, General Secretary of the South Kerala Jamiatul Ulama, expressed, “Stalin has already made an announcement, and their assembly has passed a resolution against the implementation of the Wakf Amendment Act. We demand that the Kerala government should also pass such a resolution.”
The same demand has been made by multiple other Muslim outfits that organized a march to Kerala’s Raj Bhavan (Governor House) on 10th April in protest of the pivotal legislation. The amendment, according to Muslim leaders, is an attempt to “eradicate Muslims from the country” and steal all of their possessions, including Waqf assets, which Muslim households have donated for generations to help the nation’s impoverished.
Kadakkal Abdul Azeez Moulavi, President of the Kerala Muslim Jamaath Federation, threatened, “Until the death of the last Muslim in this country, we will not allow this anti-democratic law to be implemented. Our Raj Bhavan march is just the beginning, and we may even organise a massive protest rally to Parliament.” He declared that everyone who supported democracy and secularism would unite with the Muslims in the country to oppose the recently modified act.
The Muslim associations have promised to plan major rallies in the days ahead and have stated that they hope that the Supreme Court will take a democratic decision against the act by then. Former MP and CPI (Communist Party of India) national executive member Panniyan Raveendran, who also attended the event, stated that everyone opposed to the BJP/RSS’s religious polarization would stand with fellow Muslim citizens in the struggle against the alleged discrimination.
He accused, “We know how we live and the love we have for each other. The BJP (Bharatiya Janata Party) or RSS (Rashtriya Swayamsevak Sangh) do not even deserve to utter the name of Hindu. This is an organised attempt to loot properties for their corporate friends. After targeting Muslims, they are now targeting Christians.” Interestingly, the Kerala Catholic Bishops Council (KCBC) termed some parts of the Waqf Act “unconstitutional and unjust” and had urged Members of Parliament from the states to support the amendments.
After the bill was passed, fifty Christians of Munambam in the state joined the BJP. Waqf has been claiming their land. Munambam is at the center of the state’s Waqf land dispute. The majority of the locals are Christians. They have spent the last 175 days battling the Kerala Waqf Board over its ownership of 400 acres of property that the people have possessed for many generations. The Muslim organizations declared that they would pursue legal action against the imposition of an “anti-democratic law” in addition to continuing their non-violent demonstrations against the revisions.
The Waqf (Amendment) Bill, which was approved by the Lok Sabha on 3rd April and the Rajya Sabha on 4th April, officially became the Waqf (Amendment) Act and came into effect on 8th April after receiving the assent of President Droupadi Murmu. Despite their opposition to the bill’s passage in Parliament, the CPIM’s (Communist Party of India-Marxist) government is yet to declare that the law will not be followed in the state.
Can states refuse to impose laws passed by Parliament
Notably, West Bengal, Rajasthan, Kerala and Punjab passed resolutions against the Citizenship Amendment Act (CAA) in their respective legislative assemblies in 2020. However, in 2021, the Supreme Court emphasized that resolutions passed by the legislative assemblies opposing central laws, such as the CAA or the farm laws, are only “opinions” of the majority members of the assembly and do not have legal authority.
The court was considering a Public Interest Litigation submitted by the Rajasthan-based NGO (Non-Governmental Organization), Samta Andolan Samiti, which argued that state assemblies can not pass resolutions opposing central laws that fall under the Union List of the Seventh Schedule of the Constitution. “It is the opinion of the majority in the Kerala assembly. They have not told people to disobey the law, they have only told Parliament to abrogate the law. It is only an opinion and does not have the force of law,” Chief Justice Bobde had pronounced during the hearing.
The Constitution specifies that states cannot refuse to apply the CAA since the center, not the state, is in charge of citizenship. The legislative authority between Parliament and state legislatures is outlined in Article 246 of the Constitution. “States would have no other option but to implement the law passed by Parliament. In case of any grievances by the state, they can always approach the Supreme Court if they feel that there is any violation of the fundamental rights of its citizens in any way,” Former Secretary-General of Lok Sabha, PDT Achary pointed out in an interview with India Today.
Supreme Court lawyer Ashwani Dubey outlined, “There is a clear demarcation between the subjects which the Centre can make decisions on as well as on the State, and states do not have the power to override laws passed by the central government in these areas. Those states opposing the implementation of the CAA have no power as per the constitution to do so.” He explained that states will be violating the fundamental rights of citizens if they fail to execute the CAA. He added, “If needed, citizens of a particular state can approach the court seeking implementation of their fundamental rights.”
Another Supreme Court advocate, Anas Tanvir, stated, “Citizenship is completely the domain of the Central Government. But in federalism, there is a trend and tradition where states, too, have some role to play. However, it’s up to the Union to give them the power to make them a partner in this and give them power if they wish to.” While issues mentioned in the State List are at the authority of the state legislatures, subjects included in the Union List, including citizenship, are exclusively under the purview of Parliament.
“Any attempt by a state to refuse implementation of citizenship laws passed by the central government would be legally untenable. States are bound by the laws made by Parliament,” voiced senior Supreme Court attorney KV Dhananjay.
Similar playbook in action against Waqf Amendment Act
Similar to how the opposition incited the anti-CAA protests through false promises, inflammatory statements and unrealistic commitments, the current situation reveals that these leaders are employing the same tactics to attract and consolidate their Muslim votebank. The resolutions or declarations that seek to prevent the Waqf Amendment Act from being implemented in their respective states hold no legitimate authority and are simply a strategy to manipulate their outraged Muslim supporters who are already wreaking havoc on the streets, reminiscent of the events during the CAA protests.
Significantly, the anti-CAA demonstrations kicked off in West Bengal, marked by assaults on the Railways, which resulted in massive losses, stranded passengers, train cancellations, vandalism, arson and multiple injuries to railway employees. “It is not our responsibility to protect the railways, but we tried to help them as much as possible. They have their force, RPF, to protect trains and stations,” West Bengal Chief Minsiter Mamata Banerjee declared at the time.
The infamous Shaheen Bagh agitation, the anti-Hindu riots that ravaged Delhi in 2020, and several such incidents stemmed from the actions of the opposition, alongside Muslim leaders who relentlessly spread hatred and disinformation to further their agenda. Likewise, a similar campaign is underway, portraying the new legislation, akin to the CAA, as anti-Muslim and unconstitutional. The accusations are primarily based on a fabricated narrative designed to advance personal and political agendas rather than reflect any actual truth or being grounded in reality.
Their only purpose is to blindly oppose Prime Minister Narendra Modi and his government’s policies while misleading their loyal voter base with lies to maintain their electoral advantages, even as the country faces serious law and order and security challenges.
