Fifth Schedule - The Legal Chamber

In an interim order, the Supreme Court declined to stay the Waqf (Amendment) Act, 2025, upholding the legislative presumption of constitutionality. However, it partially stayed specific provisions, including the "five-year practice of Islam" requirement and certain clauses related to government property inquiries, deeming them prima facie arbitrary pending a final constitutional validity hearing. Facts Of The Case: A batch of writ petitions challenged the constitutional validity of the Waqf (Amendment) Act, 2025, before the Supreme Court. The petitioners, arguing on behalf of Muslim community interests, contended that the amendments violated fundamental rights under Articles 14, 15, 19, 21, 25, 26, and 300A of the Constitution. Key challenges were mounted against provisions that de-recog...

This Supreme Court judgment affirms that a unilateral arbitration clause granting one party the sole power to appoint an arbitrator is invalid. Following the Constitution Bench in CORE, the Court held that an ineligible person (such as a Managing Director) cannot nominate a sole arbitrator, as it raises justifiable doubts regarding impartiality under Section 12(5) of the Arbitration and Conciliation Act, 1996. Facts Of The Case: The appellant, Bhayana Builders Pvt. Ltd., filed petitions before the Delhi High Court under Section 14(2) of the Arbitration and Conciliation Act, 1996, seeking to terminate the mandate of a sole arbitrator. This arbitrator had been unilaterally appointed by the Managing Director of the respondent, Oriental Structural Engineers Pvt. Ltd., pursuant to Clause 9.03...

Tag: Fifth Schedule

No Complete Freeze on Waqf Law, Says Supreme Court: Caps Non-Muslim Members on Boards

Supreme Court Strikes Down Unilateral Arbitration Clauses, Upholds Neutral Appointments