New Delhi: Chief Justice of India BR Gavai on Tuesday, May 20, underscored the need for a “strong case” when it comes to challenging the constitutional validity of legislation, as the Supreme Court began hearing multiple petitions against the controversial Waqf (Amendment) Act, 2025.
The bench, comprising CJI Gavai and Justice Augustine George Masih, was addressing arguments led by senior advocate Kapil Sibal, who appeared on behalf of the petitioners.
The petitioners have challenged various provisions of the newly enacted law, claiming it violates fundamental rights and allows the government sweeping powers to take over private properties under the guise of Waqf.
‘Why Should I Prove I’m a Practising Muslim?’
Sibal told the court that the amended Waqf Act gives the state the authority to arbitrarily declare property as Waqf, undermining both property rights and religious freedoms. “The new Act is brought to protect Waqf but is designed to capture it,” Sibal argued, according to LiveLaw. He further said, “The entire idea of Waqf is that it’s my property, but it’s being taken away with a legislative diktat.”
Another major concern raised by the petitioners was the clause that requires individuals to prove they are practising Muslims to contest waqf-related claims. “Why do I have to prove I’m a practising Muslim?” the petitioners questioned, calling the provision discriminatory and unconstitutional.
Sibal also pointed out that the amended law undermines earlier safeguards provided to minority communities, especially with respect to protected monuments. “Earlier statute preserved the character of the protected monument, new Act takes away the same by encroaching upon the right of minorities,” he stated.
Here's What CJI Gavai Said:
In response, Chief Justice Gavai emphasised the constitutional threshold required to strike down legislation. “It is about constitutionality… Courts don’t usually interfere… So unless you make a very strong case… Because the presumption is with regard to constitution of the statute,” he said, as reported by LiveLaw.
The court also said that it would next consider interim directions on three key issues — waqf-by-deed, waqf-by-user, and the power to denotify waqf properties already declared by courts. However, it clarified that it would not entertain pleas seeking a stay on provisions of the older 1995 Waqf Act during this phase.
The matter will be taken up further in the coming days.
