Strong case needed to stay Waqf Act, says Supreme Court
The Supreme Court on Tuesday said that a strong case must be made out for staying a law, as it heard a clutch of petitions challenging the constitutional validity of the Waqf Amendment Act, 2025, reported Live Law.
“There is a presumption of constitutionality in favour of every statute,” Chief Justice BR Gavai was quoted as saying. “For interim relief, you have to make out a very strong and glaring case. Otherwise, presumption of constitutionality will be there.”
A bench of Gavai and Justice Augustine George Masih adjourned the matter till Wednesday after hearing arguments for more than three hours. No interim order was passed.
The Supreme Court is hearing a set of petitions challenging the Waqf Amendment Act, which critics say discriminates against Muslims and interferes with waqf property management. The Centre has defended the law, saying it aims to prevent misuse of waqf provisions to encroach on public and private land.
A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.
The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and...
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