Chief Justice of India B R Gava made a key observation today while hearing Waqf case petitions , that courts usually do not interfere with laws passed by Parliament unless a strong constitutional case is made.
“It is about constitutionality… Courts don’t usually interfere… The presumption is with regard to constitution of the statute,” CJI Gavai noted. He also referred to the ongoing disputes around waqf properties in Aurangabad, CJI Gavai heading the bench along with Justice Augustine George Masih, responded.
During the proceedings, CJI Gavai countered Kapil Sibal's argument and remarked, “I’ve visited churches, dargahs…” in response to former's concerns, indicating a broader understanding of religious sensitivities and cultural heritage.
Chief Justice Gavai underscored a fundamental principle of constitutional law, laws passed by Parliament carry a presumption of constitutionality. He remarked that judicial intervention is warranted only when a clear and compelling case is established, especially in matters involving legislative competence or fundamental rights.
Kapil Sibal argued that the new law was structured in a manner that facilitated state control over Waqf propertieswithout ensuring procedural safeguards. He also raised constitutional objections to the provision requiring that only individuals who have practised Islam for a minimum of five years can create a Waqf. "Even if someone is on their deathbed and wishes to dedicate property as Waqf, they must prove religious practice. This violates constitutional freedoms," Sibal argued.
Responding to Sibal’s critique, CJI Gavai reiterated that judicial review must be exercised cautiously, especially when legislation has been recently enacted. “Unless a glaring unconstitutionality is demonstrated, courts must refrain from stepping in,” he observed.
The top court has scheduled further hearings to decide on three specific interim issues.
Earlier, the Centre opposed the Supreme Court’s proposal to pass an interim order against the denotification of waqf properties and objected to staying provisions allowing non-Muslims in the central waqf councils and boards.
On April 25, the Union Ministry of Minority Affairs submitted a 1,332-page affidavit defending the Waqf (Amendment) Act, 2025. The government emphasized that the law carries a “presumption of constitutionality” and urged the court to refrain from issuing a blanket stay.
The Waqf (Amendment) Act, 2025 received presidential assent on April 5 and was formally notified soon after. It passed the Lok Sabha with 288 votes in favour and 232 against. In the Rajya Sabha, 128 members supported the bill while 95 opposed it—highlighting a clear political divide over the legislation.
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