Waqf Act in Supreme Court: Can SC Set Aside Laws Duly Passed by Parliament? Check the Rules and Past Precedence

The Waqf Act in Supreme Court has stirred nationwide attention, sparking heated political debates and public protests. Recently passed by both Lok Sabha and Rajya Sabha on April 2 and 3, the Act became law after the President’s assent. Now, multiple petitioners have challenged the waqf-related legislation in the apex court, raising serious constitutional questions.

The key question now facing legal and political circles: Can the Supreme Court strike down a law duly passed by Parliament? To answer that, we need to look at the powers of the judiciary, relevant provisions in the Constitution, and examples of previous laws that were challenged and overturned.

Can the Supreme Court Invalidate a Law Passed by Parliament? Know What Constitution Says

Yes, the Supreme Court can set aside a law enacted by Parliament—but only under specific circumstances laid out by the Constitution of India.

According to constitutional provisions, any law that violates fundamental rights or disturbs the basic structure of the Constitution can be declared unconstitutional by the apex court. This principle ensures a balance of power between the judiciary and the legislature. So, while Parliament can pass laws, they must align with constitutional values and rights.

Examples of Parliament Laws Challenged in the Supreme Court

The Waqf Act in Supreme Court isn't the first time a law has been judicially challenged. Several significant parliament-passed laws have been questioned for their constitutional validity. Here are some key cases:

Aadhaar Act (2016): Challenged for violating Article 21 (Right to Privacy). The Supreme Court upheld the law, but restricted its use by private companies.

NJAC Act (2014): The National Judicial Appointments Commission Act was struck down in 2015 for undermining judicial independence, restoring the collegium system.

Electoral Bonds Scheme (2017): Recently, the court held it unconstitutional and directed disclosure of donors' identities.

Farm Laws (2020): These were paused by the court after widespread protests, and eventually withdrawn by Parliament.

Jammu and Kashmir Reorganisation Act (2019): Though challenged, this law was upheld by the court.

These examples reflect the Supreme Court’s power to protect the Constitution by reviewing and even cancelling laws that are inconsistent with its core principles.

Waqf Act in Supreme Court: What is the Legal and Political Controversy?

The Waqf Act in Supreme Court has triggered widespread protests, especially from the Muslim community and opposition parties. The waqf law, which deals with management of Islamic endowments, has come under fire for multiple reasons:

Religious Autonomy: Petitioners claim that appointing non-Muslims to Waqf Boards violates Article 26 of the Constitution, which grants religious communities the right to manage their own affairs.

Donor Restrictions: Critics argue that restricting waqf donors to Muslims who have been in the faith for over 5 years is discriminatory and unconstitutional.

Comparative Treatment: Petitioners also questioned why Hindu and Sikh religious properties are not similarly managed by the government, arguing that the Waqf Act treats Muslim properties unfairly.

Political Opposition: Parties like Congress, RJD, SP, and JMM have openly opposed the law, citing religious and constitutional concerns.

This case is being heard by the Supreme Court for the first time, and its outcome could have far-reaching legal and political implications.

What Happens if the Supreme Court Cancels the Waqf Act? Understanding Parliament's Options

It’s important to note that even if the Supreme Court cancels the Waqf Act, Parliament still has options. For example, in a case related to reservations back in 1961, the Supreme Court gave a ruling, but Parliament brought an ordinance and amended the Constitution to override the court’s decision. They added new clauses and reintroduced the law.

This shows that even if the Supreme Court cancels a law, Parliament can bring a new version of the law with changes, or amend the Constitution to keep it alive.