Supreme Court gives interim bail to comedian Munawar Faruqui

In a powerful courtroom exchange, the Supreme Court of India on Tuesday sharply questioned the Centre over controversial changes in the Waqf Amendment Act, especially the provision that allows non-Muslims to be part of the Central Waqf Council.

The hearing was conducted by a bench led by Chief Justice Sanjiv Khanna, and included Justices Sanjay Kumar and KV Viswanathan. The court is currently hearing 73 petitions filed against the amended law, which has stirred protests in several parts of the country.

Key Questions Raised by the Court

1. Should the Petitions Be Shifted to High Courts?

Chief Justice Khanna opened the hearing by asking:

•    Should these petitions be heard by a High Court?

•    What specific constitutional questions are the petitioners raising?

Petitioners Argue Violation of Religious Freedom

Senior Advocate Kapil Sibal argued that:

•    The new law violates Article 26 of the Constitution, which protects the right to manage religious affairs.

•    Giving the Collector judicial authority under the law is unconstitutional, since the Collector represents the government.

What Is 'Waqf by User' — And Why It's Controversial

•    Sibal explained that ‘Waqf by user’ refers to properties that have long been used for religious or charitable purposes and are thus treated as Waqf, even if no written deed exists.

•    The new law removes this recognition if the property is government land or under dispute — which he said undermines centuries of Islamic tradition.

•    “If a waqf was created 3,000 years ago, they’ll ask for the deed,” Sibal remarked.
Senior Advocate Abhishek Singhvi added that nearly half of India’s 8 lakh Waqf properties (approx. 4 lakh) are based on this concept.

The Chief Justice acknowledged the complexity, noting:

“We are told the Delhi High Court is built on Waqf land. There is misuse, yes—but there are genuine Waqfs too.”

Major Flashpoint: Inclusion of Non-Muslims in Waqf Council

“Will Muslims Be on Hindu Boards? Say It Openly” — Chief Justice Asks Centre

One of the strongest moments in the hearing came when the court questioned the Centre’s move to allow non-Muslims on the Central Waqf Council.

The Chief Justice asked Solicitor General Tushar Mehta:

“Are you saying you will allow Muslims to be part of Hindu endowment boards? Say it openly.”

This pointed question was aimed at highlighting perceived inconsistencies in how religious communities are treated in administrative roles concerning religious institutions.

 Centre Defends the Law

•    Solicitor General Tushar Mehta said the law was thoroughly debated and passed in both Houses of Parliament after review by a Joint Parliamentary Committee.

•    However, the bench asked:

“If a ‘Waqf by user’ was validated earlier by a court, does the new law now void that?”

The court observed that ancient religious structures often have no documentation:

“You cannot undo something that has stood for centuries.”

Petitioners Request Partial Stay

•    The petitioners clarified they are not seeking to block the entire Act, only some controversial provisions.

Concern Over Rising Tensions

The Chief Justice also expressed alarm over violence and tensions triggered by the law.
“It is very disturbing,” he said.

When Mehta said “they think they can pressurize the system,” Sibal responded, “We don’t know who is pressuring whom.”

What Happens Next?
The Supreme Court will continue the hearing tomorrow. The court has emphasized that while there are cases of misuse, many Waqfs are genuine, and religious freedoms must be protected under the Constitution.

In a controversial statement that has sparked alarm among legal experts and constitutional scholars, Vice-President Jagdeep Dhankhar criticized the judiciary for allegedly overstepping its bounds, particularly targeting the Supreme Court’s recent verdict that set deadlines for the President and Governors to act on Bills.

“We cannot have a situation where courts direct the President,” Mr. Dhankhar said, suggesting that the judiciary is interfering with the powers of the executive. He further described Article 142 of the Constitution — which empowers the Supreme Court to pass orders necessary to do "complete justice" — as a “nuclear missile against democratic forces, available to the judiciary 24x7.”

This incendiary metaphor has drawn backlash for implying that judicial independence — a cornerstone of democracy — is somehow hostile or dangerous. Critics argue that such rhetoric undermines public trust in the judiciary and risks damaging the careful separation of powers between branches of government.

While addressing the sixth batch of Rajya Sabha interns, the Vice President also referred to a serious incident involving a Delhi High Court judge, Yashwant Varma, from whose residence a large amount of cash was allegedly recovered in March. He questioned the delayed disclosure of the incident and criticized the absence of an FIR against the judge.

“An FIR in this country can be registered against anyone, any constitutional functionary, including the one before you... But if it is Judges, FIR cannot be straightaway registered. It has to be approved by the concerned in the Judiciary, but that is not given in the Constitution,” he argued.

He went on to question why judges, unlike the President and Governors, appear to enjoy immunity not explicitly provided in the Constitution.

“If the event had taken place at his house, the speed would have been an electronic rocket. Now it is not even a cattle cart,” he remarked, criticizing the pace of response and investigation.

Why These Remarks Are Dangerous

While scrutiny of public institutions is necessary in a democracy, the Vice President’s remarks are concerning for several reasons:

1.    Undermining Judicial Authority: By calling Article 142 a "nuclear missile," the Vice President risks portraying the judiciary as a threat rather than a guardian of constitutional rights.

2.    Challenging Separation of Powers: The suggestion that courts should not “direct” the President could erode judicial checks on executive inaction or overreach, especially when constitutional responsibilities are being delayed or ignored.

3.    Eroding Public Confidence: As the Vice President of India — also the Chairperson of the Rajya Sabha — such statements carry institutional weight. Attacks on judicial legitimacy can embolden other political actors to disregard court rulings, weakening the rule of law.

4.    Threatening Judicial Independence: Implying that judges should be more easily prosecuted, without proper due process and internal accountability, could be seen as an attempt to intimidate the judiciary.

5.    Fueling Distrust During Sensitive Times: At a moment when public trust in institutions is essential, these remarks may sow unnecessary suspicion and politicize judicial matters that require careful and independent handling.

The Vice President’s speech has ignited a vital conversation about accountability and judicial conduct. However, framing the judiciary as a rogue institution and questioning its constitutional powers without nuance is fraught with danger. Safeguarding democracy requires mutual respect and balance among all pillars of governance — executive, legislature, and judiciary. When this balance is disturbed through political rhetoric, it threatens not just institutions, but the very foundation of constitutional democracy.

New Delhi, Apr 6: President Droupadi Murmu on Saturday gave her assent to the Waqf (Amendment) Bill, 2025, which was passed by Parliament earlier this week.

Murmu also gave her assent to the Mussalman Wakf (Repeal) Bill, 2025.

"The following Act of Parliament received the assent of the president on April 5, 2025, and is hereby published for general information: The Waqf (Amendment) Act, 2025," the government said in a notification.

Parliament early on Friday approved the Bill after the Rajya Sabha gave its nod to the contentious legislation following an over 13-hour debate.

The discussion witnessed staunch objections from opposition parties, which termed the Bill "anti-Muslim" as well as "unconstitutional", while the government responded that the "historic reform" would benefit the minority community.

The Bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it.

It was passed in the Lok Sabha early on Thursday, with 288 members supporting it and 232 against it.

Parliament had also approved the Mussalman Wakf (Repeal) Bill, with the Rajya Sabha giving its nod. The Lok Sabha had already given its assent to the Bill.

After the president gave her assent, it has also become a law.

Congress MP Mohammad Jawed and All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi on Friday challenged the validity of the Waqf (Amendment) Bill in the Supreme Court, saying it violated constitutional provisions. 

Jawed's plea alleged the Bill imposed "arbitrary restrictions" on Waqf properties and their management, undermining the religious autonomy of the Muslim community.
The petition, filed through advocate Anas Tanwir, said it discriminated against the Muslim community by "imposing restrictions that are not present in the governance of other religious endowments".

Jawed, the Lok Sabha MP from Kishanganj in Bihar, was a member of the Joint Parliamentary Committee on the Bill and alleged in his plea that it "introduces restrictions on the creation of Waqfs based on the duration of one's religious practice".

In his separate plea, Owaisi said the Bill took away from Waqfs various protections accorded to Waqfs and Hindu, Jain and Sikh religious and charitable endowments alike.

Owaisi's plea, filed by advocate Lzafeer Ahmad, said, "This diminishing of the protection given to Waqfs while retaining them for religious and charitable endowments of other religions constitutes hostile discrimination against Muslims and is violative of articles 14 and 15 of the Constitution, which prohibit discrimination on the grounds of religion."