Petitioners question the presumption of constitutionality of Waqf Act in SC
(Source: Page 1 & 12, The Hindu Delhi Edition)
| Topic: GS Paper 2: Polity and Governance, Minority Rights, Judiciary |
| Context |
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Key Issues with the Waqf Amendment Act 2025
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Violation of Article 25 and Minority Rights: Petitioners argue that the Act allows “creeping acquisition” of waqf properties by the state without compensation, violating the right to manage religious affairs.
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Presumption of Constitutionality Challenged: Senior advocate Kapil Sibal argued that even if laws have presumed constitutionality, it can be rebutted if prima facie rights violations are shown.
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No Compensation Clause: The amendment allegedly permits state acquisition of waqf land without compensation.
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Public Interest & Interim Relief: Petitioners have urged the Court to stay implementation to prevent irreparable harm.
Legal and Political Implications
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Federal and Minority Tensions: Kerala’s intervention signals rising concerns among states regarding central legislation impacting minority institutions.
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Judicial Review and Due Process: Reinforces the judiciary’s role in ensuring legislative fairness and protecting religious institutions.
| Practice Question:
“Examine the broader strategic and diplomatic implications of India’s trade agreement with the European Free Trade Association (EFTA). How does it reflect India’s evolving trade and foreign policy paradigm?” (250 words, 15 marks) |
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