21-May-2025 Daily Answer Writing
Q1) The Supreme Court has agreed to examine the constitutional validity of the Waqf Act, 1995, particularly regarding provisions related to property disputes and exclusive control by Waqf Boards.
(GS Paper 2, 15 Marks, 250 Words)
Answer:
The Supreme Court has agreed to examine the constitutional validity of the Waqf Act, 1995, particularly sections concerning the exclusive jurisdiction of Waqf Tribunals and the administrative autonomy of Waqf Boards. The petition challenges whether such provisions create an unequal legal framework for religious trusts.
Key Legal Concerns:
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Equality before Law: Critics argue the Act provides special treatment to Islamic endowments, potentially violating Article 14 of the Constitution.
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Judicial Exclusion: Civil courts are barred from interfering in Waqf property matters, raising concerns over access to justice and the right to constitutional remedies under Article 32.
Impact on Secular Governance:
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The review could impact how religious institutions are regulated across communities.
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A judgment may set precedent for reviewing similar laws governing Hindu and Christian trusts.
Conclusion:
The case may redefine the balance between religious autonomy and constitutional equality, marking a turning point for India’s secular legal order.
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