युवा आवेग

What is the news? Recently,  on 8^th April 2025 , honourable Supreme court of India gave a landmark decision about the withholding of the bills passed by the state legislature . The court also mentioned some time limits regarding the holding of bill.

The matter and the role of nominated representative : Generally it is seen that when the Governors and the state governments belong to same political party  then the administration as well as the functioning of the government runs in a proper and smooth manner . But when both of them are from different political parties there is always a clash of thoughts . Similar matter was seen between the Governor of Tamil Nadu and its state government headed by MK Stalin . The Stalin government has passed about 10 bills and sent to the Governor Shri T N RAVI . But the Governor had held the bill till December 2023. When the Stalin government moved to the Supreme court on 18^th December 2023, on the same day The Governor sent all the bills to the President.  Out of 10 bills, 7 bills were cancelled by  her and 1 bill was given permission, and two bills were not considered by The President.

This matter was very deeply discussed for more than 2 years in front of various benches of the Supreme Court. On 8^th April 2025 , the two-judge bench of the Supreme Court, represented by Justice J B Pardiwala and R Mahadevan, gave a landmark decision. I will discuss the designs by the Supreme court, but before the decisions, let’s know about some articles and role of the Governor according to various intellectuals. 

Article 163 discusses about the power of the governor

Article 200 says that “ When a bill has been passed by state  assembly or in case of legislative council has been passed by both the houses , it shall be presented to the Governor and the Governor shall declare either that he assents to  the bill  or that he withholds  the assent therefrom or that he reserves the bill for the consideration of the President .

Some thoughts about the role of governors …….

As discussed earlier , the governor always acts as a bone of contention for the government which belongs to the opposite political thoughts . Our intellectuals have given very important thoughts regarding the governor which is mentioned below ……

1.        Shri Jawahar Lal Nehru ji  favoured the appointment of eminent academicians from outside politics and Other outstanding and impartial people from other walks of life as governors .

2.        B N RAU ( constitutional advisor to the constituent assembly )  favoured that Governor to be elected by provincial legislature by secret vote.

3.        Sardar Vallabh Bhai Patel  said that the Governor should be elected by the people of the state for a term of four years and could be impeached for misbehaviour.

4.        J P Narayan  suggested that Governor to be made by the President from a panel of four persons selected by assembly and member of parliaments of the concerned state.

5.        Ambedkar  said that Governor is just a figure head . We should not spend time and money for his election . Governor would not represent ruling party at the centre but people of state .

6.        T T Krishnamachari suggested that Chief minister must have veto power above the Governor.

7.        Supreme court in the Raghukul tilak case of 1979  said that Governors are not the employee of centre but hold high constitutional office .

8.        Miguel de Cervantes suggested that The Good Governors must have broken leg and keep at home .

9.        Many other intellectuals also suggested that Governor having a faint presence like a full moon on midday . Governor must be present for consulting the government , warning the government and also to encourage the state.

Elected representative must have more powers than the nominated one .

As per 7^th schedule of the Constitution,  states should be free to legislate on 66 subjects under state list .

In the famous case of State of Punjab vs principal secretary to the Governor of Punjab 2013 , Supreme court suggested that Real power vests with elected representatives of people in a parliamentary form of Government.  The Governor as an appointee is a titular ahead of the state .

About discretion

Discretion has the meaning of acting on one’s own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge.

Some thoughts regarding the discretion……

10.                    According to  Edward coke …. Discretion is a science – discerning between falsity  and truth , between right and wrong , is not According to the will and private affection . Absolute Discretion is however is a blassphemy.

11.                    According to Justice William  Doughlas of Supreme court of United states ( United states vs Wunderlich – 1951) …….. where discretion is absolute , man has always suffered.  Absolute discretion is ruthless master (which is) more destructive of freedom than any of man’s other inventions .

12.                    Discretion means choosing from amongst various available alternatives with reference to the rules of reason and justice not personal whims.

13.                    Discretion is to exercised with caution and in a reasonable manner.

14.                    Discretion cannot be dictated . It is to be exercised after a proper application of mind to the facts and circumstances of the case at hand .

15.                    Discretion cannot be exercised for improper purpose or with a bad faith or by taking into account irrelevant consideration.

16.                    Discretion cannot be exercised in an arbitrary or whimsical manner.

Why are we discussing more about discretion…..

Article 142 empowers the Supreme Court to pass any order or decree necessary for complete justice in any pending case before it. This power is discretionary and unique to the apex court.

Using this such an important article , Supreme court gave the landmark decision which is discussed below ……

17.                    Honourable Supreme court  gave a statement and said that prolonged action over 10 important bills by Tamil Nadu governor is UNCONSTITUTIONAL.

18.                    The decision about the bills by the President was declared as void by the Apex court .

19.                    Justice Pardiwala also said that a governor must be a friend , guide and a philosopher to a State not as a hindrance.  The Governor is envisaged aa a sagacious counsellor . The court also said that the Governor must look within themselves and reflect whether their actions were in line with the Constitutional ethos and aspirations of the people . Delaying assent indefinitely on bills passed by state legislature reduced the effectiveness of these laws.

20.                    The Governor’s conduct was erroneous , arbitrary , non- est(non existant) in law.

21.                    The Governor acted as a roadblock by delaying actions on the bills sent him for consent by assembly under article 200 of the Constitution.

22.                    The Governor has no right to use pocket veto and delaying the bill.

The Supreme court has given a time limit but in our Constitution no such a time limit is mentioned . The Supreme court in very harsh  language  said that….

1.                  A Governor has maximum of one month to withhold the assent on the aid and advice of the State Cabinet.

2.                  If he withholds assent contrary to the cabinets advice , he has maximum of three months to return the bill with specifying the reasons .

3.                  The governor has three months to reserve a bill for President’s consideration against advice of the state cabinet .

4.                  Governor must grant assent to a bill repassed by the cabinet within a month under article 200.

5.                  A Governor cannot exercise his personal discretion if a house passed the same bill again and returned it to him for consent.

6.                  Any failure by the Governor to comply with the timeliness would invite for a JUDICIAL REVIEW.

The Stalin government has welcomed the decision while the NDA government is going towards Supreme court  to review it’s decision….

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Shashwat

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The word Waqf is related to Muslim law. If any person wants to do ate it's property (movable or immovable) for a religious or charitable purpose, permanently in the name of God or Allah. Then the property is made as a waqf. The person who donates his or her property is known as WAQIF.But if a property is made as waqf, then there is no method by which the property can be taken back. So, once a waqf, always waqf. The transfer of ownership is permanent, and it goes to the State Waqf Board.  The state waqf board decides how to use that property for various purposes like making mosques, madrasas, graveyards, etc. To manage the property or waqf a caretaker or the manager is appointed, known as MUTAWWALI. The Mutawwali can neither sell nor transfer the property but he or she can generate the income from those properties. Out of the income generated,  7 percent goes to the state waqf boards. There are more than 30 waqf boards in Bharat, and the members are nominated by the respective state governments. While at the central level,  the Waqf councils are present . The disputes for any property are resolved by the Waqf tribunal.

An Overview of Waqf History in India

Waqf properties in India have been regulated by several laws to improve administration and prevent mismanagement:

The Mussalman Waqf Validating Act, 1913:

·     Allowed Muslims to create Waqfs for family benefit, eventually leading to charitable purposes.

·     Aimed to improve Waqf management but was not very effective.

·     The Mussalman Waqf Act, 1923

·      Introduced rules for proper accounting and transparency in Waqf management.

The Mussalman Waqf Validating Act, 1930:

 Strengthened the legal validity of family Waqfs, giving legal backing to the 1913 Act.

The Waqf Act, 1954:

·     Created State Waqf Boards (SWBs) for the first time to oversee Waqf properties.

·     Strengthened Waqf management after India’s independence.

·     Established the Central Waqf Council of India in 1964 to supervise State Waqf Boards and provided a pathway toward the centralisation of Waqfs.

·     This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.

Amendments to the Waqf Act, 1954 (1959, 1964, 1969, and 1984):

·     These amendments aimed to further improve the administration of waqf properties.

The Waqf Act, 1995:

·     This comprehensive Act repealed the 1954 Act and its amendments:

·     This was enacted to govern the administration of Waqf Properties in India.

·     It provides for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli.

·     Created Waqf Tribunals, special courts with powers similar to civil courts.

·     Tribunal decisions are final and cannot be challenged in civil courts.

·     In 2005 , a committee was formed by UPA government under former justice Rajendra Sachar which is popularly known as SACHAR COMMITTEE . This committee was made regarding the social , cultural and educational condition of Muslim of Bharat . The Sachar committee submitted it’s report in 2006 on the status and potential of Waqf properties.  Some very shocking points were seen such as there are about 4.9 lakh registered Waqf in India having area of 6 lakh acres. It’s book value was shown about 6000 crore only but at that time it’s market value was about 1.2 lakh crores . The Waqf properties were mainly concentrated at West Bengal(148200 acres) and in Uttar Pradesh (122839 acres ) . On these properties ,only 168 crore income was generated annually with 0.27 percent return but sachar committee told that  at least 12000 crore income can be generated with 10 percent of annual return.  It showed a very huge corruption , under utilization and mismanagement of waqf properties.  Sachar committee suggested some Reforms which are as follow :

·     Stricter rules for mutawallis

·     Digital record keeping

·     Women representation must be allowed

·     Non Muslim professionals must be in the council and board so that the properties can be managed in the better way

·     Survey of the properties in every 6 months

The Waqf (Amendment) Act, 2013 introduced significant changes including:

·     Created three-member Waqf Tribunals, including a Muslim law expert.

·     Required two women members on each State Waqf Board.

·     Prohibited the sale or gifting of Waqf properties.

·     Increased the lease period of Waqf properties from 3 years to 30 years for better use.

·     On 8^th August 2024 , the Union minister of minority affairs Shri Kiren Rijiju ji presented two bills in front of The Speaker of Lok Sabha which were named as

·     Waqf (amendment ) Bill , 2024

Mussalman Wakf (Repeal ) Bill , 2024

The bills were presented for better management and development of Waqf properties,  clear rules and smoother functioning of the Board . But due to  demand by opposition MPs the bills were sent to Joint parliamentary committee headed by Shri Jagdambika Pal ji . The JPC discussed with various public experts stakeholders,  and different organisation of Muslims . The committee submitted it’s report on 30^th January 2025 . It had recommended 25 suggestions or improvement in the bills which were added at that time .

On 3^rd April 2025 it was presented in front of Lok Sabha . It was passed by 288 – 232 majority . While in Rajya Sabha it was presented on 4^th April 2025 , it was passed with majority of 128- 95 . On 6^th April 2025 , the Bill was made an act after the final signature of Honorable President of India.

·     CONTROVERSIES RELATED TO THE PREVIOUS BILLS AND THE IMPROVEMENT DONE IN PRESENT BILL :

·     Before 6^th April the non Muslims can also donate their properties as waqf but in new Bill those persons who are practicing Islam for at least 5 years only they can donate their land as waqf.

·     Waqf by user : One of the most controversial point of the previous acts . If a property is used for prayer , mosque or any other religious purpose of Muslims  for a long time , it will become automatically as waqf . Now , the official declaration will be required to claim any property as waqf .

·     The Government land enactment : About 5973 Government properties has been enacted by 25 state waqf boards . These properties have no any official document . Now , these properties will be verified by the District collector of that area . If official record exist that the land belongs to State waqf board then it will be given to them . If the documents of those properties are not present then the properties will be occupied by the Government.

·     Before 6^th April,  the survey commissioner was appointed by waqf boards but expense were given by state governments.  The survey commissioner submitted it's report to State government and State Waqf Boards.  After this a gazette notification was issued by State government about that property , in the case of controversy the accused person has only 1 year of limitation period to challenge the property as himself . If one year was completed the property automatically became Waqf .

Limitation act of 1963 says that in case of individual property , time period to file a case is 12 years while in case of government property one can appeal with in 30 years .(exception was waqf )

Section 107 of Waqf act says that nothing contained in Limitation act 1963 shall apply to any suit for possession of immovable property comprised in any waqf or for the possession of any interest in such property.

Now , section 107 has been removed and the limitation period has became 12 years .

·     The property disputes were mainly solved by waqf tribunal . It’s decision was final and no one can go to high court or Supreme court against it . Only in the case of legal error or violation of Constitution one can appeal to Supreme court or high court. Now , if the person is not satisfied by tribunal then he or she can appeal in the highe court within 90 days .

·     Waqf Alal aulad (inheritance rights) : In a family of Muslim if there were no male heir (legal heir ) , the property was submitted to waqf automatically . The females were not considered as a legal heir in the family . Now , the females will also consider as a legal heir , equal rights and equal share will be given the them also.

·     In waqf Council: There are 22 members in which all of them were males and belonged to Muslim community . Now , 2 member will be non Muslim and 2 female members will also included in the council . The non Muslim members will be restricted solely to the administration of charity related matters only .

·     In Waqf board : There are 11 members in which all of them were males and belonged to Muslim community only . Now , 2 members will be non Muslim and 2 women will also be included in the Board members . Non Muslims will be restricted solely to the administration of charity related matters only .

·     In waqf tribunal: There were  a Muslim law expert , a State officer of Additional District Magistrate rank and a District/sessional / civil class 1 judge were present . Now , a current of former judge will be as chairman of the tribunal , a current or former joint secretary  of state government will be present in the tribunal  .

The waqf is definitely a part of Muslim personal law but state waqf boards and waqf council are a part of property dispute and the government can do a Change in it .

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Shashwat

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The 400 acres of contested land are at the heart of a two-decade-old battle over ownership. The Telangana high court's 2022 ruling that there was no deed of conveyance confirming the government's transfer of land to the institution appeared to put an end to the matter.

The initial 2,324 acres of land, including the 400 contested acres, were given to the university in 1975. The institution was the one who launched the lawsuit, asserting legal possession of the area. The institution contended that the government's maps were inaccurate. 

The court decided that the government still owned the land in the absence of such a deed. Furthermore, the government's case was strengthened when the university gave up some additional land to the government. Additionally, the Supreme Court last year upheld the 2022 ruling.

But the land's legal troubles didn't stop there. An environmental conservation NGO called Vata Foundation filed a public interest lawsuit in the high court, requesting that the land be designated as a "national park" under Section 35 of the Wildlife (Protection) Act and granting it "deemed forest" status. 

The Supreme Court's ruling in the Godavarman Thirumulpad v. Union of India case served as the foundation for its argument. Godavarman's dedication to environmental preservation earned him the nickname "Green Man." 

The petitioners claimed that the HCU campus was ecologically sensitive and possessed all the characteristics of biodiversity hotspots, as acknowledged by the Supreme Court in the Godavarman case, which led to the awarding of presumed forest status.

The Vata Foundation asked the government to postpone creating a master plan for the site, despite the fact that income records did not identify the contested acreage as forest land. 

However, in order to further its goal of economic growth through the establishment of an IT park in the region with foreign investments, the government has called for bids to create a master plan that satisfies "international standards."

According to reports, the government wanted to design a layout and put the plots up for sale to businesses. By the way, the property is located in Gachibowli's nearby financial sector.

After learning about the government's plans for an auction, university students started a social media campaign under the hashtag "oxygen not auction," claiming that the forest had a self-sustaining ecology and was home to protected wildlife species under Schedule I of the Wildlife Act. 

According to the state government, the proposed project is intended to support the government's aims for the creation of top-notch IT infrastructure, improved connectivity, and the availability of suitable metropolitan areas.

The university administration, however, released a statement disputing the government's assertion, stating that no survey was carried out by revenue authorities in July of last year to demarcate the 400 acres of property that the government had reclaimed from IMG Academies Bharata.

So far, just a preliminary examination of the land's topography has been done. Additionally, the institution refuted TGIIC's claim that it had approved the land demarcation. The statement claimed that no land demarcation had actually been completed and that the university had not been notified of it. 

The government had been asked to alienate the university's land.

According to the university's statement, "it will forward the representation of stakeholders to the government to reconsider the points raised and request that it conserve the environment and biodiversity in the area."

According to clause (ix) of statute 13, which consists of six nominees chosen by the President of India in their capacity as university visitors, the university also recommended that it be noted that any transfer of land allotted to it can only take place with the official approval of the executive council. 

The university's student union declared that it will keep up its legal and political resistance to the government's "land grabbing." 

Numerous police officers were stationed both within and outside the Hyderabad Central University (HCU) campus on Monday, March 31, in response to skirmishes between students and the police over the entry of bulldozers to clear a 400-acre area of forested land. 

The altercations occurred prior to the Congress government's alleged plan to put it up for auction to private information technology companies in order to establish an IT park. Both the students and the state's opposition Bharat Rashtra Samithi (BRS) have criticised the action. 

On Thursday (3rd April 2025), the Supreme Court halted the removal of trees from 400 acres of property in Kancha Gachibowli, which is close to Hyderabad Central University.

In an interim order, the state chief secretary was instructed by the supreme court to make sure that no tree cutting occurs until further directives. 

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Adarsh Tiwari

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Very happily, we want to spread good news about our popular platform, YUVA AAVEG. We are going to complete our beautiful journey of two years. This platform has given its members a new life. The channel, which was started by Adarsh Tiwari, has a very special motto that tries to write in a simpler way such that our message can reach everyone without any difficulty. This platform's members spend their time writing on important topics. They read the topic from various sources, such as news, newspapers, websites, etc.

Till now, we have done about 105 articles on various topics touching every part of the current events. These topics have covered events in history, geography,  and polity economics as well, and various research papers also have been discussed on this platform.

The thoughts are written by one writer, and they are shared with each member of the group for analysis and correction.  After that, we create a poster for the topic, and after pasting it, we generally post it on various social media like Instagram, etc. And start waiting for the opinions of the public. Generally, our viewers give a very honest and good review. They always try to motivate us with innovative ideas and writing.

We want to ensure our readers that we will now write more aggressively and carefully on each topic, writing both the pros and cons of that topic.  We also request the readers to correct us on each and every step.

Once again, a heartfelt congratulations to team members!

On 22nd March 2025, the world celebrated World water day. On this important day, the Indian government launched a campaign named Jal Shakti Abhiyaan – Catch the rain 2025. It was started under the Ministry of Jal Shakti. This project emphasises the importance of communities in the conservation of water.

The policy makers of Bharat must focus on several points for the conservation of water.

·    While making the policies on water, the policymakers must focus on the needs on every sector, such as industry, agriculture,  It , textiles, etc. Before making the policy, government officials must have to visit on the ground to know the real condition at the ground level.

·    The policymakers must have to focus on the vulnerable groups of India who are very sensitive towards water .

·    The policymakers must have to ensure about lesser leakage of water by various sewage systems. These waters split in very huge amount which disturbs the human beings as well as it becomes useless. The proper management of this water can reduce the dependency on the ground water.

·    Lesser fertilizer, insecticide, pesticides, etc. must be used in the agricultural field. After the proper irrigation these waters contaminated the groundwater by ensuring the reach of harmful chemicals there.

·    The policy should be made after considering the proper management of natural resources like trees, water, mountains etc.

·    The river joining project should be run very fast. This project will disturb the flora and fauna of various forests and  natural things but it will definitely create a better future by ensuring a negligible flood in flood prone area .

·    More and more plantations must be done to ensure the better raining.  The more raining will happen , the temperature of the earth will be under control . Otherwise the countries will see a huge rise in temperature within few decades, which will be life-threatening to us.

·    When the policymakers made policy, they must focus on the livelihood of the tribal groups whose life totally depend upon the JAL JUNGLE AUR JAMEEN.

Their suggestions will be more important to ensure the water conservation.

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Image Source

104.1) Introduction

104.1) Proclamation

104.3) Timeline of Events

104.4) Portrayal by Kangana Ranaut