The Centre on Tuesday requested the Supreme Court to restrict ongoing proceedings in the high-stakes challenge to the constitutional validity of the Waqf (Amendment) Act, 2025 to three specific issues, as it pressed for interim orders in the matter.
A bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih was urged by Solicitor General Tushar Mehta to confine the hearing strictly to the three issues earlier identified by the Court. Mehta noted that while the government had responded in detail to those issues, the petitioners’ submissions had since broadened significantly. “My request is to confine it to the three issues only,” he said.
However, senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the petitioners, strongly opposed the suggestion. They argued that a piecemeal approach to the constitutional challenge would be inappropriate and urged the Court to consider the full scope of the issues raised.
Three Issues Identified for Interim Relief
The three core issues at the heart of the Centre’s plea are:
- Denotification Powers: Whether the government has the authority to denotify properties declared as waqf by court order, user practices, or deed.
- Composition of Waqf Bodies: The legitimacy of including non-Muslim members in the Central Waqf Council and State Waqf Boards, barring ex-officio members. Petitioners argue only Muslims should administer waqf institutions.
- Collector’s Inquiry Clause: A contentious provision that bars properties from being treated as waqf if a collector’s inquiry finds them to be government land.
As the hearing resumed, Kapil Sibal began advancing arguments and placed the broader background of the Waqf dispute before the Court.
Government’s Earlier Assurances and Opposition to Blanket Stay
On April 17, the Centre had assured the top court that it would not denotify any waqf property or proceed with fresh appointments to waqf councils and boards until May 5, providing temporary relief to the petitioners. However, it opposed the court’s suggestion to impose a blanket stay on the 2025 amendments.
Later, on April 25, the Ministry of Minority Affairs submitted a comprehensive 1,332-page affidavit defending the amendment and opposing any interim restraint on its implementation. The Centre emphasized that the Act, passed by Parliament and assented to by the President on April 5, enjoyed a presumption of constitutionality.
Political Contours
The Waqf (Amendment) Bill, 2025 was passed in both Houses of Parliament despite sharp opposition. In the Lok Sabha, 288 MPs supported the bill, while 232 voted against it. The Rajya Sabha cleared it with 128 votes in favour and 95 against, highlighting its politically charged nature.
The Supreme Court continues to hear the matter, with final interim orders expected after detailed arguments from both sides.
