Immediate Relief: Justice Seeks to Address Waqf Amending Issue
Introduction
In the Indian legal landscape, theWaft of an amendment is a critical topic, as it determines how the Constitution stands. The Supreme Court’s involvement in the matter of interim relief for challenging the validity of the Waft of an Amendment Act (WAA) 2025 represents a significant move in Indian law, setting a precedent for future amendments.
The Immediate Relief
May 20 Query from the Supreme Court
On May 20, the Supreme Court will address the issue of considering interim relief on the challenges to the WAA amendment. The court has already filed its query, seeking guidance from senior advocates and Solicitors General. This marks a significant precedent in Indian law, as it establishes a precedent case for similar amendments.
The Bench’s Response
May 19 Written Notes from the Bench
The bench comprising Chief Justice of India B.R. Gavai and Justice Augustine George Masih has asked senior advocate Kapil Sibal and Solicitor General Tushar Mehta to file their written notes by May 19. The bench will not consider any plea seeking a stay of provisions of the earlier Waft law when matters are taken up on May 20.
The Union Ministry’s Affidavit
The Union Ministry of Minority Affairs, whose finality was transferred to the Chief Justice in April, filed a preliminary affidavit defending the amended WAA. This document supports the court’s query and highlights the need for immediate relief from any blanket stays by the court.
Sanjiv Khanna’s Role in Waft Amending
Sanjiv Khanna, who stepped down as a Chief Justice on May 13, is expected to play a crucial role in addressing the issue. His departure marks a significant step in the process, as he will likely lead efforts toward interim relief.
Implications for Future Amendments
The immediate relief granted by the Supreme Court has set a precedent for similar amendments in the future. The case highlights the importance of timely intervention and careful consideration of procedural matters to avoid unintended consequences.
Conclusion
In addressing the Waft of an Amendment Act 2025, the Supreme Court’s involvement sets a precedent that will influence future amendments. Sanjiv Khanna’s departure underscores the critical role he will play in this process. The immediate relief granted represents a significant step forward and serves as a reminder of the importance of timely intervention in constitutional matters.