The Supreme Court on Tuesday heard petitions difficult the Waqf (Amendment) Act, 2025. Chief Justice B.R. Gavai emphasised that courts can’t intervene in legal guidelines handed by Parliament except a transparent constitutional subject is demonstrated.
The Supreme Court on Tuesday noticed that legal guidelines handed by Parliament carry a presumption of constitutionality, and courts can’t intervene except a transparent and critical constitutional violation is established. Chief Justice of India D Y Chandrachud made the comment whereas listening to petitions difficult the Waqf (Amendment) Act, 2025. A bench of Chief Justice B R Gavai and Justice A G Masih was listening to the matter on May 20, with the Centre urging the court docket to restrict the scope of the listening to to a few key points. These embrace the powers of Waqf boards to de-notify properties declared Waqf by a court docket, a consumer, or a deed.
The Centre requested the court docket to limit its interim deliberations to particular areas of the brand new regulation. However, senior advocates Kapil Sibal and Abhishek Manu Singhvi, showing for the petitioners, strongly opposed this, arguing that such a major laws can’t be examined in a piecemeal method.
CJI stresses presumption of constitutionality in legal guidelines handed by Parliament
Sibal contended that the regulation was meant to allow the state to grab Waqf properties. In response, CJI Gavai reiterated the constitutional safety given to legal guidelines handed by Parliament. “Unless there is a clear issue, courts cannot intervene,” he mentioned, including, “especially in the current context, we don’t need to say more.”
CJI Gavai additional commented, “I have visited dargahs, churches…every place receives offerings,” after Sibal identified that mosques, in contrast to temples, don’t obtain choices and that the regulation focused “Waqf by user” properties such because the Babri Masjid.
Debate over obligatory registration of Waqf properties continues
The bench then sought readability on whether or not earlier Waqf legal guidelines made registration of Waqf properties obligatory. Sibal responded that each one post-1954 amendments required registration and that the time period “shall” was used, implying compulsion. The court docket, nevertheless, questioned whether or not use of “shall” alone rendered registration obligatory.
Sibal clarified there was confusion about whether or not this requirement dated again to 1954 and even earlier to 1923. The court docket famous Sibal’s submission that whereas registration was required, the sooner regulation didn’t specify penalties for failure to register, thereby implying no actual authorized penalty for non-registration.
Petitioners say amended regulation violates proper to spiritual apply
In a broader constitutional argument, Sibal mentioned the amended Waqf regulation violated Article 25 of the Constitution by stripping residents of their proper to freely practise their faith. He cited the instance of ASI-protected websites, saying the brand new regulation declares that such properties can’t be Waqf.
To this, the Chief Justice requested, “Does this take away your right to practise your religion?” and added that he had seen worshippers freely praying at an ASI-protected temple in Khajuraho. Sibal countered, saying the regulation’s declaration that such a property is now not Waqf infringes on the basic proper to spiritual apply.
The bench recorded the argument that the regulation violates Article 25 and reserved additional observations for later hearings.
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