AMN
The Supreme Court today reserved its interim orders on a plea challenging the Waqf(Amendment) Act 2025. A bench of Chief Justice BR Gavai and Justice Augustine George Masih heard the matter on the point of interim order across three days.
During the arguments, the Chief Justice orally said that the requirement of registration of Waqfs has been there under the previous laws of 1923 and 1954. The petitioners had begun their arguments on Tuesday, which was followed by the Union government’s arguments yesterday and today. Solicitor General Tushar Mehta, represented the Centre, for about three consecutive days.The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu’s assent.
The Union government on Thursday defended the Waqf (Amendment) Act, 2025, in the Supreme Court, asserting that the law regulates only the secular and administrative aspects of waqf institutions without interfering with essential religious practices or beliefs of the Islamic faith.
Solicitor General Tushar Mehta apprised a Bench led by Chief Justice of India (CJI) B.R. Gavai that the provision barring Muslims belonging to Scheduled Castes and Scheduled Tribes from dedicating property as waqf was a protective measure. In the absence of such safeguards, he argued, anyone could assume the role of mutawalli (manager of waqf property) and potentially misuse waqf properties for personal gain.
The law officer further pointed out that several tribal organisations have filed petitions in support of the 2025 Act.
Earlier, senior advocate Kapil Sibal, seeking an interim stay on the legislation, contended that the 2025 Act facilitates the takeover of waqf properties through non-judicial means.
Waqf Act 2025 is a ‘creeping acquisition’ of waqf assets, petitioners tell SC, countering presumption of constitutionality
Countering the Supreme Court’s observation that a parliamentary statute like the Waqf (Amendment) Act, 2025 enjoys a presumption of constitutionality, petitioners on Tuesday termed the new law a “creeping acquisition” of waqf properties owned by the Muslim community, the largest religious minority group in India.
A Bench of Chief Justice of India B.R. Gavai and Augustine George Masih heard petitioners for a full day on their plea for an interim order to stay the implementation of the 2025 Act, which came into force on April 8.
Law of the land: on the judiciary and waqf amendments
The amendments expand government control over waqf properties at the cost of the autonomy of the Muslim community to manage them. On April 17, the Court recorded the Centre’s assurance that waqf properties, including “waqf by user”, will not be de-notified and appointments will not be made to the Central Waqf Council and State Waqf Boards, based on provisions of the new law till May 5, the next hearing. The Centre thus preempted a judicial order which appeared possible during the hearing. The Court had raised concerns about the provisions in the new law which discontinued the category of waqf by user, made non-Muslims eligible for appointment in the council/waqf boards, and gave the state unilateral power to take over the control of waqf properties in the event of a dispute, pending its final resolution.