Supreme Court Emphasizes Need for Strong Grounds to Stay Waqf (Amendment) Act, 2025

On May 20, 2025, the Supreme Court of India, led by Chief Justice BR Gavai and Justice AG Masih, conducted an extensive hearing on petitions challenging the Waqf (Amendment) Act, 2025.  The bench underscored that any request for an interim stay on the Act must be supported by a compelling and clear case, given the presumption of constitutionality that applies to laws enacted by Parliament. 

Key Highlights from the Hearing:

Presumption of Constitutionality: Chief Justice Gavai highlighted that courts typically do not interfere with legislative enactments unless a “very strong case” is presented, reinforcing the principle that statutes passed by Parliament are presumed constitutional. 

Government’s Position: Solicitor General Tushar Mehta, representing the Union government, requested the Court to confine the hearing to three core issues previously identified, aiming to streamline proceedings for potential interim orders. 

Petitioners’ Objections: Senior advocates Kapil Sibal and Abhishek Manu Singhvi opposed the government’s segmented approach, advocating for a comprehensive review of the Act’s constitutionality rather than addressing selected topics in isolation. 

The Court has not issued any interim relief at this stage and will continue deliberations on the matter.