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‘Courts cannot interfere unless glaring case made out’: CJI Gavai's remark on Waqf Act
The bench of Chief Justice BR Gavai and Justice AG Masih heard petitions challenging the Waqf (Amendment) Act, 2025, which was enacted into law last month.
Chief Justice of India BR Gavai on Tuesday said that laws passed by Parliament are assumed to be constitutional, and courts cannot step in unless there is a clear and serious problem. He made this comment while hearing petitions against the Waqf Amendment Act.
The bench of Chief Justice BR Gavai and Justice AG Masih was hearing a group of petitions challenging the Waqf Amendment Act, which was passed into law last month.
The apex court had earlier identified three key issues, which include 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.
During Tuesday’s hearing, solicitor general Tushar Mehta said that the Centre had submitted its response on the three identified issues. “The written submissions of the petitioners now extend to several other issues. My request is to confine it to the three issues only,” he said.
However, senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioners, opposed this. “The then CJI (Sanjiv Khanna) said we will hear the case and see what interim relief has to be granted. Now we cannot say confine to three issues,” Singhvi said, adding that there cannot be a “piecemeal hearing.”
Waqf Act designed to seize Waqf lands without due process: Sibal
Sibal argued that the Act is intended to take control of Waqf lands. “The law is designed in such a way that Waqf property is taken away without following any process,” he said.
He also highlighted the requirement that only a person who has practised Islam for at least five years can create a Waqf.
“If I am on my deathbed and I want to make a Waqf, I have to prove that I have been a practising Muslim. This is unconstitutional,” NDTV quoted Kapil Sibal as saying.
The report added that Sibal repeated that the law aimed to seize Waqf properties, the Chief Justice Gavai responded, “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, we don't need to say more.”
Sibal also pointed out that under the new law, any village panchayat or private individual can raise a complaint, and the property will stop being considered Waqf.
“The government officer will decide it and will be a judge in his own cause. No questions asked,” said Sibal.
“Please remember that Waqf is about my property. It is only a property owned by someone and it cannot be of the State. Now that very property is taken away,” he added.
