Presumption of Constitutionality

In May 2025, countering the Supreme Court’s observation that a parliamentary statute enjoys a presumption of constitutionality, petitioner termed the new Waqf (Amendment) Act, 2025, a “creeping acquisition” of Waqf properties owned by the Muslim community.

What is Presumption of Constitutionality?

  • Presumption of Constitutionality is a legal principle that assumes a law passed by the legislature is valid and constitutional unless it is clearly proven otherwise.

Key Points

  • Judicial Deference: Courts start with the assumption that the legislature has acted within its constitutional limits.
  • Burden of Proof: The person challenging the law must demonstrate that it violates the Constitution.
  • Respect for Separation ....
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