Keeping Pace with Legal Change
Following a determination that the case could not be reopened in accordance with Article 32, the Supreme Court of India reaffirmed the constitutionality of the Himachal Pradesh government’s decision to repeal the pension program that was implemented in 1999. The importance of judicial decisions being final was highlighted throughout the document.
Kapil Sibal urged the Supreme Court to strike down the Waqf (Amendment) Act’s five-year Islam practice requirement, calling it arbitrary and a breach of religious freedom. He warned the clause unfairly bars converts and young Muslims from creating endowments and undermines equality and due process.
The Supreme Court’s live hearings on the Waqf (Amendment) Act, 2025, effective April 8, 2025, address challenges to its constitutional validity. The Act mandates waqf property registration, includes non-Muslims in waqf boards, and abolishes “waqf by user,” prompting objections for violating Article 26’s religious autonomy. Petitioners, including Asaduddin Owaisi, contest its provisions, while the Centre defends enhanced transparency and property oversight. The Court, under CJI B.R. Gavai, has paused denotification of waqf properties and non-Muslim appointments pending further review. Stay updated via Legal Maestros for real-time developments in this landmark case.
