The constitutional validity of the Waqf Amendment Act is set to face a rigorous legal challenge in the Supreme Court of India, with petitioners arguing that the law violates fundamental rights, secular principles, and empowers the Waqf Board with “unchecked authority.” The apex court has acknowledged the urgency, stating the plea will be listed “in due course,” sparking nationwide debates on minority rights, land disputes, and state interference in religious institutions.
Key Issues Raised by Petitioners:
Violation of Secularism: Critics allege the Act grants disproportionate powers to the Waqf Board, undermining India’s secular fabric by favoring one community.
Arbitrary Land Acquisition: The amendment allows the Waqf Board to declare any property as “Waqf land” without adequate checks, risking property rights violations.
Judicial Overreach: The Act reportedly bypasses civil courts, granting dispute resolution powers to Waqf tribunals, raising concerns about judicial independence.
Discrimination Against Non-Muslims: Activists argue the law creates an imbalance in religious property management, sidelining Hindu, Sikh, and other trusts.
Lack of Accountability: No mechanism exists to challenge Waqf Board decisions, leading to fears of bureaucratic misuse.
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Supreme Court’s Stance:
While refusing an immediate hearing, the Court emphasized the plea’s “constitutional significance.” Legal experts speculate the verdict could redefine state-religion relations and set precedents for minority welfare laws.