The Supreme Court on Thursday reserved its interim orders on three significant issues raised in a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, including the power to denotify properties declared as waqf by judicial or traditional means.
A bench comprising Chief Justice of India B R Gavai and Justice Augustine George Masih heard arguments over three consecutive days from senior advocates Kapil Sibal, Rajeev Dhavan, and Abhishek Manu Singhvi representing the petitioners, and Solicitor General Tushar Mehta appearing on behalf of the Union government.
Key Interim Issues
The petitioners sought interim relief on three major aspects:
- Denotification of Waqf Properties – Challenge to the Centre’s power to denotify properties already declared as waqf through court orders, user tradition, or waqf deeds.
- Composition of Waqf Bodies – Objection to the structure of State Waqf Boards and the Central Waqf Council, asserting that except for ex-officio members, only Muslims should serve on these religious administrative bodies.
- Collector’s Inquiry Provision – Dispute over a new clause stating that a property will not be treated as waqf if the district collector, after inquiry, concludes it is government land.
Senior Advocate Kapil Sibal, leading the challenge, criticized the law as a “complete departure from historical legal and constitutional principles.” He alleged it enables a “systematic capture of waqf properties” and circumvents judicial scrutiny.
“This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised,” Sibal argued.
Centre Defends Amendment
The Centre, in its defense, argued that waqf is a secular legal concept and any attempt to stay the law would undermine parliamentary authority. Solicitor General Tushar Mehta emphasized that the Waqf Act, being a product of legislative action, enjoys a “presumption of constitutionality.”
On April 25, the Ministry of Minority Affairs filed a 1,332-page affidavit defending the Act and opposing any “blanket stay.”
Legislative Background
The Waqf (Amendment) Act, 2025, received Presidential assent from Droupadi Murmu on April 5 and was notified by the Centre last month. It was passed in the Lok Sabha with 288 votes in favour and 232 against, and later cleared in the Rajya Sabha with 128 voting in support and 95 opposing.
The case holds considerable significance as it impacts the legal and administrative framework governing waqf properties across India, and touches upon constitutional questions concerning minority rights, religious administration, and state intervention.
The Supreme Court’s interim order is now awaited.
