Chief Justice of India BR Gavai on Tuesday said that any law passed by Parliament is presumed to be constitutional, and courts will step in only if a serious issue is clearly proven. He made this statement while hearing petitions challenging the recently passed Waqf Amendment Act.
The case is being heard by a bench of Chief Justice BR Gavai and Justice AG Masih. The petitions have raised concerns over parts of the law, especially about how Waqf properties are identified and managed.
The Supreme Court had earlier pointed out three key issues for the government to respond to:
- Waqf by user (when a property is treated as Waqf based on how it's used),
- Appointment of non-Muslims to the Waqf Council and state Waqf Boards, and
- Declaring government land as Waqf property.
The Central government had already assured the court it would not take any further action on these matters until the case is resolved.
During the hearing, Solicitor General Tushar Mehta said the Centre had given its response to these three issues, and requested the court to limit the discussion to only those points. But senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the petitioners, disagreed.
Singhvi said, “The then CJI Sanjiv Khanna had said the full matter will be heard before giving any interim relief. We cannot limit the hearing now.”
Kapil Sibal argued that the law was made in a way that allows the government to take control of Waqf lands without following due process. He said, “If I’m on my deathbed and want to create a Waqf, I must prove I have practised Islam for five years. That’s unconstitutional.”
As reported by NDTV, when Sibal said the law was a way to seize Waqf property, Chief Justice Gavai replied, “There is a presumption of Constitutionality in legislation passed by Parliament. Courts cannot interfere unless a glaring case is made out, especially in the current scenario.”
Sibal also raised concerns about a new rule allowing any village panchayat or individual to challenge Waqf status. “A government officer can decide this on their own. That officer will act as judge in his own cause, with no checks,” he said.
He added, “Waqf is private property. It cannot belong to the State. But under this law, such property can now be taken away.”
The case will continue to be heard in the coming weeks.
