The Supreme Court is set to hear today a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, weeks after the Centre paused key provisions of the contentious law in response to the court’s pointed queries.
A three-judge bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, will take up at least five petitions — including one by AIMIM chief and Hyderabad MP Asaduddin Owaisi.
With Chief Justice Khanna retiring on May 13, the bench has limited time to hold a final hearing, as the case involves arguments from several lawyers representing the petitioners and the Centre, which has already submitted a 1,300-page interim affidavit.
On April 17, Solicitor General Tushar Mehta assured the bench that the Centre would not denotify any waqf properties, including those falling under “waqf by user”, nor make appointments to the Central Waqf Council and State Boards until May 5. The assurance came as the government resisted any interim order on halting provisions of the amended law.
The Centre has strongly opposed a proposed stay on the inclusion of non-Muslims in the Waqf boards and Council, calling the Act a product of “due parliamentary deliberation” and urging that it not be stayed without a full hearing.
“Waqf by user” refers to properties informally treated as waqf due to long-term religious or charitable use, even without a formal declaration. The court had directed that such properties already registered or notified should not be disturbed until further orders.
In its April 25 affidavit, the Ministry of Minority Affairs backed the amended law, arguing that waqf registration by user has been a consistent legal requirement since 1923. It opposed any “blanket stay”, warning that judicial interference could lead to a “legislative regime by judicial order.”
The Centre further stated that the Waqf (Amendment) Act, 2025 does not affect religious practices, claiming it leaves matters of faith and worship untouched. The ministry also pointed to a sharp 116 per cent rise in registered waqf land — about 20 lakh acres — after the 2013 amendment, alleging misuse of the earlier law to encroach on private and government property.
The Act, which got President Droupadi Murmu’s nod on April 5, was passed in Parliament with 288 votes in favour and 232 against in the Lok Sabha, and 128 for and 95 against in the Rajya Sabha.
However, the All India Muslim Personal Law Board challenged the government’s claims, accusing it of submitting inaccurate data and demanding action against the officer responsible for the “false affidavit.”
The top court had granted the Centre time to file its preliminary response and will now resume hearings on the matter.
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Anurag Dhole is a seasoned journalist and content writer with a passion for delivering timely, accurate, and engaging stories. With over 8 years of experience in digital media, she covers a wide range of topics—from breaking news and politics to business insights and cultural trends. Jane's writing style blends clarity with depth, aiming to inform and inspire readers in a fast-paced media landscape. When she’s not chasing stories, she’s likely reading investigative features or exploring local cafés for her next writing spot.
- ANURAG DHOLEhttps://indiatadkha.com/author/bitlancetechhubgmail-com/
- ANURAG DHOLEhttps://indiatadkha.com/author/bitlancetechhubgmail-com/
- ANURAG DHOLEhttps://indiatadkha.com/author/bitlancetechhubgmail-com/
- ANURAG DHOLEhttps://indiatadkha.com/author/bitlancetechhubgmail-com/
