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After being passed by both the houses of the Parliament, the Waqf Amendment Bill has also received the President’s approval. With this, it has now become a law. Four petitions have been filed in the Supreme Court against this bill. These petitions state that this law violates the basic structure of the Constitution and violates its fundamental rights. In such a situation, the biggest question is whether this law can be challenged in the Supreme Court even after the President’s approval or can this bill be rejected from there and if it is, then what will be its basis?
What are the grounds for challenge in the Supreme Court?
On this entire matter, Supreme Court senior advocate Rohit Pandey said that even after the President’s approval, this law can be challenged in the Supreme Court. The main basis of challenge will be under Article 32 of the Constitution. In this process, the Chief Justice of India will decide in which bench this case will be heard. Rohit Pandey said that the right to challenge in the Supreme Court is regarding the Constitution. He said that when there is a question of constitutional validity, you knock the door of the Supreme Court.
It is given in the Constitution that under Article 32, you challenge and raise the issue that the bill that has been brought, which is going to be made an Act or which has been made, is it a violation of the basic structure of the Constitution, which happened in the case of Kesavananda Bharat. You make laws but if you tamper with the basic structure of the Constitution, then somewhere you are challenging the validity of the Constitution.
Supreme Court has the right to review
Senior advocate Rohit Pandey told that the Supreme Court has the right to review. He said that there are many such cases which were challenged in the Supreme Court. Earlier you must have seen in the CA-NRC case, the removal of Article 370 was also challenged in the Supreme Court. At the same time, the Places of Worship Act was challenged, the matter is pending. There are many such cases when its validity is challenged, then you go to the Supreme Court. There you say that this is against the Constitution. Our fundamental rights are being violated. In such cases, the hearing will be held in CJI’s court.
Can the Waqf Bill be cancelled by SC?
On the question of the bill being rejected, the lawyer said that if work is not done as per the constitution, then the Supreme Court intervenes, the Supreme Court gives a verdict, cancels that bill, cancels that law as well. He further said that if the right to religious freedom is being violated in this, if you are snatching away the rights given to a particular person and community in the constitution, then its validity will be challenged, if it is against any person and community.
