According to CJI BR Gavai on Tuesday, all laws created by Parliament are assumed to be constitutional. Legal action can be taken by courts only when a large violation becomes obvious and undeniable. He made the comments at a hearing dealing with various petitions contesting the Waqf Amendment Act.
The Supreme Court has heard a case regarding some provisions in the Waqf Amendment Act, which was recently approved by the government. As a result of the controversy, various petitions have been sent to the Supreme Court.
The Supreme Court had initially limited the dispute to three important issues: “Waqf by user,” allowing non-Muslims to serve on the Waqf Council and various Boards and labelling land owned by the government as Waqf property. The Central Bureau of Investigation (CBI) had assured the courts that no further progress would be made until the issue is resolved.
During the hearing by the CJI, the Solicitor General informed the court that the Central government had already responded in writing to the three important issues mentioned earlier. He advised the court to limit debate on the petitioners’ case to only these topics, as had previously been decided.
Still, Kapil Sibal and Abhishek Manu Singhvi argued on behalf of the petitioners and disagreed with this suggestion. Singhvi informed the court that Chief Justice Khanna, during a prior hearing, accepted that the broader explanations of the case should be considered and that interim relief might be granted. He believed that now, three issues were not enough, as addressing them one by one would not be fair or sufficient, given how complicated the constitutional questions were.
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