Waqf Act case hearing: Supreme Court reserves interim orders on 3 key issues
Centre defends Waqf Amendment Act, asserting that waqf by nature was a secular concept; petitioners challenging the Act call it a means to capture waqf properties
The Supreme Court on Thursday (May 22) reserved its interim orders on three issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed", after hearing a clutch of pleas challenging the validity of the Waqf (Amendment) Act, 2025.
On the third consecutive day of the hearing, the Supreme Court bench comprising Chief Justice BR Gavai and Justice Augustine George Masih heard senior advocates Kapil Sibal, Rajeev Dhavan, and Abhishek Manu Singhvi on behalf of those opposing the legislation and Solicitor General Tushar Mehta, representing the Centre.
Centre vs petitioners
The Centre strongly defended the Act, saying waqf by its very nature is a “secular concept” and can't be stayed given the “presumption of constitutionality” in its favour.
Sibal, leading the petitioners, described the law as a "complete departure from historical legal and constitutional principles" and a means to "capture waqf through a non-judicial process".
"This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised," Sibal said.
3 key issues
The petitioners at the present stage sought interim orders on three key issues.
One of the issues related to the power to denotify properties declared as waqf by courts, waqf-by-user, or waqf by deed.
The second issue was over the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members whereas the last one is over the provision stipulating a waqf property won't be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
Contentious amendment
On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".
The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5.
The bill was cleared by Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.
Also read
Follow this space for more live updates
Live Updates
- 22 May 2025 1:59 PM IST
SG defends Section 29, calls it 'enabling section'
Section 29 of the Act... CEO can be Muslim or non Muslim. This is because the world is expanding and if the government feels that some board needs an experienced chartered accountant etc. that can be done. So this is an enabling section that allows a broader base to make appointments. The executive chairman is Muslim.. The CEO is the State-level body CEO, and it has functions like framing a scheme etc: SG
- 22 May 2025 1:57 PM IST
SG admits mistake
SG: I made an incorrect statement yesterday. The functions of Hindu endowment boards include both religious and charitable functions. I had said only religious.
- 22 May 2025 1:54 PM IST
If you see the Shariah Act, if a Muslim wants to take advantage of personal law application, then a declaration as a Muslim is needed. The same thing is applicable here. The same declaration is being sought. Now there is a petitioner who is arguing against the 1995 Act: SG
- 22 May 2025 1:53 PM IST
There are pleas by tribal organisations saying they are being victimised: SG
SG: How can a non-Muslim be allowed to create a waqf? He can always donate to a waqf. Also, we are arguing about academic challenges. Please see what evacuee properties...
Senior Advocate Ahmadi: There are petitions from tribal areas espousing this cause.
SG: Yes, there are pleas by tribal organisations saying that they are being victimised and that their lands are being grabbed as waqf.
- 22 May 2025 1:50 PM IST
Stay will be possible only if provision is egregiously illegal: SG
After the final hearing, if the court thinks the provision can be struck down, then it can create the waqf. Stay will be possible only if it's so egregiously illegal that it needs to be struck down today: SG
- 22 May 2025 1:49 PM IST
Justice Masih rejects SG's argument, says 'Islam is Islam'
Justice Masih: Islam Is Islam. Religion remains same. Cultural practices differ
- 22 May 2025 1:48 PM IST
STs do not follow Islam: SG
Waqf means a permanent dedication to the Almighty. It goes... suppose I sell the land and it is seen that the ST person was cheated. Then, land can be given back... but waqf is irreversible. JPC says Scheduled Tribes (ST) of scheduled areas do not follow Islam as understood in the rest of the country, as they have a cultural identity: SG
