Muristek
New Delhi, April 13
The Supreme Court on Wednesday refused to entertain a Delhi BJP leader's petition challenging the validity of certain provisions of the Waqf Act, saying laws can't be challenged in the abstract.
Petitioner Delhi BJP leader Ashwini K Upadhyay had challenged certain sections of the Waqf Act, 1995, on the ground that these provisions granted special status to waqf properties, denying equal status to trust, mutts, akharas and societies. It conferred unbridled powers on the waqf boards to register any property as waqf property, he argued.
A Bench led by Justice DY Chandrachud, however, said it could not direct Parliament to enact a new law and the "constitutionality of legislation cannot be challenged in the abstract" which would be a mere academic exercise.
"Where is the violation of your rights? Show us an example where your property has been appropriated. We cannot challenge the constitutionality of any law in the abstract. This will be a mere academic exercise", the Bench asked the petitioner.
"We need to be very careful when there is a challenge to the constitutional validity of legislation. The law has been enacted by a legislative body. There has to be an aggrieved party and there have to be some facts," Justice Chandrachud said, adding, "There is a settled principle of law that no court whether it's the High Court or the Supreme Court can issue any mandamus to Parliament to enact a law."
"You are saying that there should be a common law for all trusts which are within the constitutional domain of Parliament. We cannot direct Parliament and issue the mandamus to enact a law," the court said.
As Upadhyay asked the Bench to consider a note prepared by him, the Bench said, "We don't want you to make a publicity stunt by reading out the note. Your note says what is in your writ petition we cannot direct Parliament to enact legislation so two prayers cannot be entertained.