Supreme Court reserves order on interim stay of Waqf (Amendment) Act 2025

The Supreme Court on Thursday reserved its order on the issue of interim relief in a batch of pleas challenging the Constitutional validity of the Waqf (Amendment) Act, 2025.

A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih heard the arguments of petitioners, challenging the Centre and the Act on the interim order for three days.

During the hearing, Solicitor General Tushar Mehta, representing the Centre, argued regarding the provision barring non-Muslims from creating Waqfs.

Mehta said that only in the 2013 amendment, non-Muslims were given such rights, but in the 1923 law, they were not allowed to create Waqfs, as there were concerns that this could be used as a device to defraud creditors. He defended the five-year practice condition to be eligible for the creation of Waqf.

“Creating a Waqf is different than donating to a Waqf, this is why a five-year practice requirement for Muslims is so that Waqf is not used for defrauding someone. Suppose I am a Hindu and I want to donate to a Waqf, then the donation can be made to a Waqf. How can a non-Muslim be allowed to create a Waqf? He can always donate to a Waqf,” said the Solicitor General.

Mehta further argued that Section 3E of the Act, which bars the creation of Waqf over lands falling under Scheduled Areas, was created for the protection of Scheduled Tribes.

He added that the creation of Waqf is irreversible, and this might prejudice the rights of the vulnerable tribal population. He said that tribal lands are being grabbed under the garb of Waqf.

“There are pleas by tribal organisations saying that they are being victimised and that their lands are being grabbed as Waqf,” he contended.

Senior advocate Ranjeet Kumar, appearing forthe  Haryana government and a tribal organisation supporting the 2025 Waqf amendments, said that in Rajasthan, a Waqf claim was made over a 500-acre land given for mining purposes.

CJI Gavai orally observed that the requirement of registration of Waqfs has been there under the previous laws of 1923 and 1954.

A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards the Muslim community and violated their fundamental rights.

Six Bharatiya Janata Party-ruled states had also moved the apex court in the matter, in support of the amendment.

President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses.

The central government had filed its preliminary affidavit in the Supreme Court while seeking dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, as it said the law was not violative of the fundamental rights guaranteed under the Constitution.

The Centre, in its affidavit, had said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.

The Central government had urged the court not to stay any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally.