Judicial Review and the Waqf (Amendment) Act, 2025

The interplay between newly passed laws by Parliament and the Supreme Court's role in reviewing such legislation is a recurring theme in India's democratic process. This issue has come to the fore with the challenge to the Waqf (Amendment) Act, 2025.

Pattern of Challenges

• Challenges often arise immediately after a law's passage, sometimes even preemptively before it takes effect.
• This trend reflects a preference for publicity over substantive legal debate.

Constitutional Position and Judicial Review

• Laws passed by Parliament are expressions of the people's will and are presumed constitutional unless proven otherwise.
• The Constitution allows laws to be tested against its provisions in a process known as judicial review.
• Judicial review is essential in democracies but should not routinely nullify legislative acts without thorough adjudication.

The Process of Lawmaking

• Laws must pass through the Lok Sabha and Rajya Sabha and receive presidential assent.
• The presumption of constitutionality reinforces the validity of laws unless disproven.

The Waqf (Amendment) Act's Legislative Process

• The Act was developed through extensive stakeholder consultation and referred to a Joint Parliamentary Committee (JPC).
• The JPC conducted 36 meetings, interacting with diverse stakeholders and conducting on-ground assessments.

Democratic Legitimacy and Conclusion

• The amendment process exemplifies deliberative democracy and contrasts with hurried legislative processes.
• The Supreme Court is set to hear challenges to the Act on April 16, with historical precedents suggesting it should not stay the Act's operation without full adjudication.

The article underscores the importance of respecting the democratic process and the presumption of constitutionality while advocating for thorough judicial review.