Kapil Sibal slams Waqf Amendment Act, SC says intervention only if serious issues proven

The Supreme Court on Tuesday began hearing petitions against the newly enacted Waqf (Amendment) Act, 2025. A bench led by Chief Justice of India BR Gavai and Justice AG Masih heard arguments challenging the law’s constitutionality, but made it clear that courts cannot strike down legislation without a clearly established and serious problem.

CJI Gavai remarked that any law passed by Parliament is presumed constitutional and added, “Courts cannot interfere unless a glaring case is made out.” This came in response to senior advocate Kapil Sibal’s assertion that the law was aimed at taking over Waqf properties without due legal process.

The petitioners, including Sibal and Abhishek Manu Singhvi, argued that the law allows private individuals and local bodies to contest Waqf properties, handing decision-making powers to government officials without judicial safeguards. “A government officer becomes a judge in his own cause. No questions asked,” Sibal said. He also raised concerns over a provision requiring someone to be a practising Muslim for five years before being eligible to create a Waqf, calling it unconstitutional and discriminatory.

The Centre, represented by Solicitor General Tushar Mehta, urged the court to limit the hearing to three specific issues it had previously identified: Waqf by user, nomination of non-Muslims to Waqf councils, and the identification of government land as Waqf. However, Singhvi opposed the request, calling for a full hearing on all aspects raised in the petitions.

CJI Gavai reiterated the court’s cautious stance, emphasizing judicial restraint. “Especially in the current scenario, we don't need to say more,” he said, underscoring the court’s reluctance to intervene unless the petitioners establish a clear violation of constitutional principles. The matter remains under consideration as hearings continue.