India
Courts cannot interfere unless glaring case made out’: CJI Gavi’s remark on Waqf Act
The Indian Supreme Court (SC) is hearing petitions challenging the Waqf (Amendment) Act, 2025, which was enacted into law last month. Chief Justice BR Gavai stated that laws passed by Parliament are assumed to be constitutional, and courts cannot intervene unless there is a clear and serious problem. The apex court identified three key issues: Waqf by user.
The nomination of non-Muslims to the Waqf Council and state Waqf Boards, and the identification of government land as Waqf property. The Centre had assured it would not proceed on these matters until the case was settled. However, senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioners, opposed this. Sibal argued that the Act.
Is designed to seize Waqf lands without due process, and that only a person who has practised Islam for at least five years can create a Waqf. Chief Justice Gavai responded that there is a presumption of Constitutionality in legislation passed by Parliament and that courts cannot interfere unless a glaring case is made out New Delhi, May 20: Chief Justice of India (CJI) D.Y.
Chandrachud, along with Justice B.R. Gavial, made a significant observation during a Supreme Court hearing regarding the constitutional validity of the Waqf Act, 1995. In a statement that could have far-reaching implications, Justice Gavial remarked that “courts cannot interfere unless a glaring case is made out. The remark came during the hearing of a petition that.
Challenged certain provisions of the Waqf Act, citing alleged violation of constitutional principles such as equality before law, secularism, and property rights. The petitioner argued that the Act conferred excessive powers on the Waqf Boards and allowed encroachment on private property under the pretext of religious administration Justice Gavai, while responding.
To the petitioner’s counsel, emphasized the constitutional limits within which the judiciary operates. “Every religious or charitable trust—be it Hindu, Christian, or Muslim—has its own framework under the law. Unless a glaring violation of constitutional rights is demonstrated, judicial interference would be unwarranted,” he stated The bench questioned whether.
The petitioner had established sufficient grounds to show that the Act was inherently discriminatory or arbitrary. “We are not here to sit in judgment over Parliament’s legislative competence unless it is shown that the law is manifestly unconstitutional,” CJI Chandrachud added The Waqf Act, 1995, governs the administration of waqf properties—assets donated for.
Religious or charitable purposes under Islamic law. The Act provides for the creation of State Waqf Boards to manage such properties and address related disputes. Over the years, it has been the subject of several legal controversies, particularly concerning land ownership and the scope of powers exercised by the Waqf Boards The petitioner contended that the Act enables.
Waqf Boards to unilaterally declare properties as waqf without due legal process, thereby infringing on the property rights of individuals. The counsel also cited instances where people discovered that their land was classified as waqf only during transactions or legal disputes Justice Gavai acknowledged that concerns regarding land ownership and procedural fairness.
Important but reiterated the need for clear constitutional breaches before striking down any law. “You may have individual grievances, but that does not automatically render the entire Act unconstitutional,” he said The court advised the petitioner to pursue remedies through civil courts in cases of disputed property classification. CJI Chandrachud remarked someone.
Land has been wrongly notified as waqf, they have the right to challenge it. But that is a matter of individual litigation, not a ground to annul the statute itself Legal.
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