The Waqf Act is once again in the spotlight after a fresh law was passed recently in Parliament and later challenged in the Supreme Court. This has sparked political debates and legal questions. One major question many people are asking is: can the Supreme Court cancel a law that has already been passed by the Parliament and signed by the President?
Let’s understand this entire issue in simple words, what the Constitution allows, and also look at earlier cases where the Supreme Court has intervened.
What Is the Waqf Act and Why Is It Being Challenged?
The new Waqf law, recently passed in both Lok Sabha and Rajya Sabha, received the President’s approval and has officially become a law. But now, multiple petitions have been filed in the Supreme Court, asking the court to cancel this law.
The petitioners argue that this Act interferes with the rights of a particular community and goes against the religious freedom granted by the Constitution. They are also unhappy about certain rules like:
- Only Muslims can donate property under Waqf.
- Appointment of non-Muslims to Waqf Boards.
- Unequal treatment compared to Hindu or Sikh property boards.
Due to these concerns, the matter is now under the Supreme Court’s review.
Can the Supreme Court Cancel a Law Passed by Parliament?
Yes, the Supreme Court has the authority to strike down a law—but only in specific situations. The Indian Constitution gives this power to the court to ensure that all laws follow the basic structure and do not violate citizens’ rights.
Here are the two main conditions where the Supreme Court can cancel a law:
- If the law goes against the Constitution.
- If the law violates Fundamental Rights like the right to equality, religious freedom, privacy, etc.
If the court finds that the law breaks these principles, it can declare it “unconstitutional” and make it invalid.
Real-Life Examples When Supreme Court Cancelled Laws
This is not the first time a law passed by Parliament has been taken to the Supreme Court. There are many examples where laws were reviewed, changed, or even cancelled.
Aadhaar Act (2016)
- Issue: Petitioners said Aadhaar violated the right to privacy.
- Outcome: The Supreme Court said Aadhaar is valid but put restrictions. Aadhaar cannot be made mandatory for all services and private companies can’t demand Aadhaar data.
NJAC Act (2014)
- NJAC (National Judicial Appointments Commission) aimed to change how judges are selected.
- The court rejected this law in 2015, saying it hurt the independence of the judiciary and brought back the old collegium system.
Electoral Bond Scheme (2017)
- Issue: Petitioners said it harmed transparency in political donations.
- Supreme Court in 2024 declared it unconstitutional and ordered the release of donor details.
Jammu & Kashmir Reorganisation Act (2019)
- This law was also challenged in the Supreme Court.
- The court, after hearings, upheld the validity of the law.
Farm Laws (2020)
- These laws faced mass protests.
- The Supreme Court set up a committee and later the government withdrew the laws.
These cases show that while Parliament can pass any law, the Supreme Court can act as a watchdog to ensure these laws follow the Constitution.
What If the Supreme Court Cancels the Waqf Act?
Parliament still has options even if the Supreme Court cancels the Waqf Act. In the past, when the court cancelled a law, the government made amendments or passed a new version of the law.
For example, in 1961, when the court rejected a law related to reservations, the Parliament amended the Constitution and passed the law again with added clauses. This means Parliament has the power to respond to the court’s verdict.
So, in case the Supreme Court strikes down the Waqf Act, Parliament can come up with a modified version by using its legislative powers.
What Does the Constitution Say About Laws and Religious Rights?
India’s Constitution protects the religious freedom of all citizens. Article 25 to Article 28 provide the right to practice and manage religious affairs. Article 26, in particular, talks about the right of every religious group to manage its own institutions.
The petitioners challenging the Waqf Act are saying that:
- Allowing only Muslims to donate or manage Waqf property violates equality.
- Non-Muslims are excluded from certain rights.
- The government should not interfere in religious property management.
These are serious claims, and the Supreme Court will decide whether these points hold weight under the Constitution.
Why Is the Waqf Act Getting Political Attention?
Many political parties and social groups are showing strong reactions to the Waqf Act. Some are saying the law supports one religion more than others, while others argue that the Act is necessary to regulate Waqf properties properly.
Some key points of criticism include:
- Waqf Boards getting more power.
- Religious balance being disturbed.
- Fear of misuse of land and property.
Muslim organizations, on the other hand, claim the law interferes with their religious affairs. Regional and national parties like Congress, RJD, SP, and JMM have opposed certain clauses.
What Happens Next in Supreme Court?
The Supreme Court has agreed to hear the petitions. The first hearing will focus on whether the law needs an immediate stay or not. After that, the court will examine:
- Whether the law breaks any constitutional rule.
- If the Waqf Act affects religious freedom.
- Whether the rules are equal for all communities.
The court’s decision may take some time. Until then, the legal and political debate around the Waqf Act will continue.
Final Words on Law and Democracy in India
India follows the principle of separation of powers. Parliament makes the laws, and the Supreme Court ensures they follow the Constitution. This balance keeps the country’s democracy strong.
The Waqf Act case is just one example of how people can approach the judiciary if they feel any law is unfair. The Supreme Court will now play its role in checking whether the law is valid or not.
The case will set a new example for future religious and property laws and their relationship with fundamental rights.
