Waqf Act: 'The court cannot interfere in the law made by the Parliament, unless...', why did the CJI say this during the hearing on the Waqf Act?

The Waqf Amendment Act 2025 is to be heard in the Supreme Court today. The constitutional validity of this Act has been challenged in the Supreme Court. A bench of 2 members will hear the matter in the Supreme Court. Both the parties will argue for 2 hours each under the chairmanship of Chief Justice of India BR Gavai and Justice Augustine George Masih. The court may issue an interim order on this issue today.

What did CJI BR Gavai say?

CJI BR Gavai has made a big comment during the hearing of the Waqf Board. According to the CJI, "The law passed by Parliament has constitutionality. In such a situation, unless a concrete case comes up, the court cannot interfere in it."

Kapil Sibal argued in favor of the petition.

During the argument in the Supreme Court, senior advocate Kapil Sibal said that Waqf is a donation given to Allah. Once the property given to the Waqf will belong to the Waqf forever, it cannot be transferred to anyone else.

Representing the petitions challenging the Waqf Amendment Act 2025, advocate Kapil Sibal said-

"This Act has been made to protect the Waqf. But, this law has been made in such a way that Waqf can be acquired in a non-judicial manner."

Government's stand on Waqf

While presenting the government's side in the Supreme Court, Solicitor General Tushar Mehta has requested the court to focus on only three subjects for passing an interim order. These include the issue of Waqf by user, structure of Waqf and Collector's investigation.

3 provisions are stuck

Let us tell you that Waqf by user includes those properties which have not been donated to the Waqf Board, but they have been used for Waqf for a long time. At the same time, the second issue is about the entry of non-Muslim members into the Waqf Board. The third issue is the provision in the Waqf Act, in which the collector has been given the right to investigate Waqf properties. For example, if the collector suspects that this property is not Waqf, then it will not be considered Waqf land.

An order was given to submit notice by May 19

Let us tell you that in the last hearing, the Supreme Court had ordered not to ban the Waqf Act 1955. However, the court had asked senior advocate Kapil Sibal and the central government to submit a written note by May 19.