After giving a brief article on all about Waqf Board in India, the power, history of their existence, role and functions – here we talk all about the Waqf Tribunal in Indian Constitution
What is Waqf Tribunal?
The Waqf Tribunal in India is a specialized judicial body, an adjudicatory authority, established under the provisions of outlined in Section 83 of the Waqf Act 1995 to resolve disputes, questions, and other matters related to waqf (or wakf) properties in India.
Constitution and Establishment of Tribunals:
The State Government has the authority to constitute one or more Waqf Tribunals through an official notification in the Official Gazette. These Tribunals are tasked with determining disputes or matters concerning waqf properties as specified under the Waqf Act. The State Government also defines the local limits and jurisdiction of each Tribunal.
Who Can Approach the Waqf Tribunal in India?
Anyone who manages a waqf property or is affected by a decision made under this law can apply to the Tribunal within a specific time frame mentioned in the law. If no specific time is mentioned, they should apply within the time set by the government.
Jurisdiction and Multiple Tribunals:
If a dispute involves a waqf property that falls under the area of more than one Tribunal, the application should be made to the Tribunal where the property manager or anyone involved with the property lives, works, or does business. Other Tribunals with jurisdiction over the same property cannot take up the case. However, the State Government can transfer the case to another Tribunal if it’s better for the property or the people involved. The new Tribunal will continue from where the previous one left off, unless a fresh start is needed for fairness.
Composition of the Wakf Tribunal in India: Who are the Members of the Waqf Tribunal?
Each Waqf Tribunal in India comprises the following members:
- A Chairman: This individual is a member of the State Judicial Service holding a rank not lower than that of a District, Sessions, or Civil Judge, Class I.
- A Member: An officer from the State Civil Services, equivalent in rank to that of an Additional District Magistrate.
- A Member with Knowledge of Muslim Law: This member possesses expertise in Muslim law and jurisprudence.
The appointments to the Tribunal can be made by name or by designation as prescribed under the law.
Powers and Functions of Waqf Tribunal in Indian Constitution
The Waqf Tribunal is vested with significant powers to adjudicate disputes and matters related to waqf properties. These include:
- Resolving disputes between parties concerning waqf or waqf property.
- Eviction of tenants from waqf properties.
- Determination of rights and obligations of lessors and lessees of waqf properties.
Jurisdiction and Procedure
The jurisdiction of the Tribunal is determined based on the location where the mutawalli (caretaker) or any party to the dispute resides, carries on business, or personally works for gain. The Tribunal follows prescribed procedures and exercises the same powers as a civil court under the Code of Civil Procedure, 1908, while trying suits or executing decrees or orders.
Finality of Tribunal Decisions
Decisions of the Waqf Tribunal are final and binding on the parties involved in the dispute. These decisions carry the force of a decree issued by a civil court, and their execution is carried out by the appropriate civil court in accordance with the provisions of the Code of Civil Procedure, 1908.
Appeals and Review
As per the Waqf Act, no appeal lies against any decision or order of the Tribunal. However, the High Court has the authority to examine the records and may intervene to review or modify the Tribunal’s determination if deemed necessary in the interest of justice.
In summary, the Waqf Tribunal in Indian constitution serves as a specialized forum for resolving legal disputes and matters related to waqf properties, ensuring fair and efficient administration within the framework of the Waqf Act and relevant legal provisions governing waqf affairs in India.
Source and Reference:
- GOI – Ministry of Minority Affairs
- Indian Kanoon – 1954 Act
- The Gazette of India – 1995 Amendement
- The Gazette of India – 2013 Amendment
- GOI – Waqf Act in Hindi 1995
