Judicial Consistency Sought in Waqf Act Challenges

Following the enactment of the Waqf (Amendment) Act, 2025, several petitions were filed seeking to halt its implementation. The government opposes interim relief, citing historical precedent. The Supreme Court emphasizes that challenges to laws must be based on actual grievances. The courts are urged to align with established judicial principles.

The Waqf (Amendment) Act, 2025, which recently passed through Parliament, officially came into force on April 8. Following its enactment, numerous petitions have emerged in various courts demanding a halt to its enforcement.

In response, the government has submitted a preliminary counter affidavit fervently opposing any interim relief. It draws from historical precedents, notably referencing challenges to the Waqf Act of 1995 and its 2013 amendments, wherein no interim stays were granted. Notably, many of those cases remain under deliberation within different High Courts and the Supreme Court, continuing without interim relief.

The Supreme Court made a crucial observation in April 2022, with Justices DY Chandrachud and Surya Kant asserting that the constitutionality of a law cannot be contested in purely theoretical terms. They emphasized that such challenges require actual aggrievement and specific supporting facts. Reflecting on this, the government appeals to the judiciary to uphold consistency and discipline in refusing interim relief for current challenges to the Waqf (Amendment) Act, 2025.

(With inputs from agencies.)