The bench of Chief Justice BR Gavai and Justice AG Masih heard petitions challenging the Waqf (Amendment) Act, 2025, which was enacted into law after it was passed by Lok Sabha and Rajya Sabha, and then got approved by the President of India.
On Tuesday, May 20, newly appointed Chief Justice of India BR Gavai said that laws passed by Parliament are assumed to be constitutional, and courts cannot step in unless there is a clear and serious problem.
Earlier, the Supreme Court had identified three key issues, Waqf by user, nomination of non-Muslims to the Waqf Council and state Waqf Boards, and the identification of government land as Waqf property.
Solicitor General Tushar Mehta said that the Centre had submitted its response to all the three queries.
Kapil Sibal and Abhishek Manu Singhvi, appearing for the Waqf side petitioners, opposed the Centre’s submissions. 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.
Notably, Justice Gavai became the Chief Justice of India on May 15 this year, and this is the first high profile case that he has to handle.
