The Supreme Court on Tuesday scheduled the hearing of petitions questioning the constitutional validity of the Waqf (Amendment) Act, 2025, for January 21, 2027, and directed all parties to complete their pleadings by December 31, 2026.
A Bench of Justices M.M. Sundresh and P.B. Varale also allowed applicants whose cases had earlier been treated as interlocutory applications to institute separate writ petitions within two weeks.
The Court directed that copies of the fresh petitions be served on the nodal counsel, who will compile the submissions and judicial precedents relied upon by the petitioners. The Additional Solicitor General was also directed to respond to the written submissions.
Centre Seeks Continuation of Earlier Arrangement
During the proceedings, the nodal counsel informed the Bench that five petitions had previously been designated as lead matters, while another 135 petitions had been converted into interlocutory applications.
He suggested that the parties submit their arguments in writing so they could be compiled for consideration by the Court.
Solicitor General Tushar Mehta, representing the Union government, referred to the Supreme Court’s order dated April 17, 2025, which had restricted the proceedings to five lead petitions to manage the large number of challenges.
Mehta urged the Bench to retain that arrangement rather than reopen the earlier classification of cases.
Earlier Order Stayed Certain Provisions of Waqf Law
The constitutional challenges concern the Waqf (Amendment) Act, 2025, which received President Droupadi Murmu’s assent following its passage by both Houses of Parliament after extensive debate.
On September 15, 2025, the Supreme Court declined to suspend the legislation in its entirety, recognising the presumption of constitutionality attached to the law. However, it granted interim protection against the operation of certain provisions to safeguard the interests of the parties.
Among the provisions stayed was the requirement that a person must have professed Islam for at least five years before being eligible to create a Waqf.
The Court suspended the operation of the relevant portion of Section 3(r) until state governments frame rules establishing a mechanism to determine whether a person has practised Islam for the prescribed period.
The interim order also restrained the operation of provisions granting collectors authority to determine the status of Waqf properties.
Additionally, the Court stayed the provision under which a property could not be treated as Waqf property until the designated officer submitted a report.
Restrictions on Non-Muslim Representation
The September 2025 order also addressed the composition of Waqf bodies.
The Supreme Court directed that the Central Waqf Council, comprising 20 members, should have no more than four non-Muslim members.
Similarly, state Waqf boards, consisting of 11 members, were directed to have a maximum of three non-Muslim members.
These directions formed part of the interim measures issued while the constitutional challenges to the amended legislation remained pending before the Court.
