21 May 2025: The Hindu Editorial Analysis
1. Petitioners question the ‘presumption of constitutionality’ of Waqf Act in SC
Source – ( Page 8, The Hindu Editorial)
| Topic: GS Paper 2: Indian Constitution, Minority Rights, Judiciary |
| Context |
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Background of the Law and Challenge
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The Waqf (Amendment) Act, 2025 was brought into force on April 8.
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Petitioners claim it amounts to “creeping acquisition” of Muslim community-owned religious properties.
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They argue that the law overrides protections under Article 25 of the Constitution (freedom of religion).
Arguments in Supreme Court
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Senior Advocate Kapil Sibal emphasized that the presumption of constitutionality can be rebutted if prima facie violation is evident.
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Petitioners argued that the Act allows acquisition of Waqf property without compensation, violating minority religious rights.
Kerala Government’s Intervention
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Kerala has moved the SC supporting petitioners, expressing concern about impacts on Muslim religious autonomy.
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Argues that once a property becomes Waqf, its religious character is permanent and cannot be altered.
Way Forward
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The case could redefine state powers over religious endowments and deepen the jurisprudence on constitutional protection for minorities.
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A stay on implementation and detailed scrutiny by a Constitution Bench may emerge in coming weeks.
| Practice Question: Examine the constitutional implications of the Waqf (Amendment) Act, 2025 in the context of minority rights and religious freedom under the Indian Constitution. (GS2 – 250 Words – 15 Marks) |
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