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A fine balance of presumption of constitutionality, property rights
Hindustan Times Delhi
|September 16, 2025
THE TOP COURT BENCH NOTED THAT LEGISLATURES ARE CONSIDERED BEST PLACED TO APPRECIATE THE NEEDS OF THEIR PEOPLE
The Supreme Court on Monday declined to suspend the Waqf (Amendment) Act, 2025 in its entirety, but kept in abeyance some provisions that could have immediate and irreversible consequences for property rights. In doing so, the bench led by Chief Justice of India Bhushan R Gavai walked a fine line between the strong presumption of constitutionality attached to every law and the need to protect citizens from irreparable harm.
This balancing act lay at the heart of the court's approach to the challenge mounted by a cluster of Muslim organisations and individuals to the sweeping amendments brought into the century-old Waqf law earlier this year.
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