Scope of Judicial Review vis-a-vis Waqf Amendment Act
The purpose of this blog is NOT to delve into the impact of the provisions of Waqf act or its amendments. I will ONLY refer to the Act and its amendments to lay down a brief background of the law and for the purpose of drawing a reference to the grounds of challenge by the petitioners before the Hon’ble Supreme Court. In this Article, I will examine: i. What is the scope of judicial review by Supreme Court under Article 32 over the enactments passed by the Parliament, ii. Presuming that the amendments are putting restrictions on Waqf [which were not present earlier] then, what is the scope of judicial review vis-à-vis Articles 14 and 15 [Right to equality and non-discrimination] and Article 25 and 26 [Right to Freedom of Religion]; But before we proceed to the legal analysis a brief background o...