Centre Urges Supreme Court To Limit Waqf Amendment Act Hearings To 3 Key Issues

Supreme Court

The Central Government has requested the Supreme Court to confine its hearings on the constitutional challenges to the Waqf (Amendment) Act, 2025, to three specific issues for the purpose of passing interim orders.

Solicitor General Tushar Mehta, representing the Centre, emphasized the need to streamline the proceedings to address these core concerns effectively.

Three Core Issues Identified

The Centre has proposed that the Court focus on the following three issues:

Denotification of Waqf Properties: The authority to denotify properties previously declared as waqf by courts, through user recognition, or via waqf deeds.
Inclusion of Non-Muslim Members: The legitimacy of appointing non-Muslim members to the Central Waqf Council and State Waqf Boards, excluding ex-officio positions.
[Third Issue Not Specified]: The third issue was not detailed in the available information.

Opposition from Petitioners

Senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the petitioners challenging the 2025 amendments, opposed the Centre’s proposal. They argued that dissecting the case into isolated issues would undermine the comprehensive constitutional scrutiny required. Sibal asserted, “You cannot dissect the challenge,” emphasizing the need for a holistic examination of the Act’s validity.

Background

The Waqf (Amendment) Act, 2025, has been a subject of controversy, leading to multiple petitions in the Supreme Court challenging its constitutional validity. The Act introduced significant changes to the management and governance of waqf properties, including provisions for denotification and alterations in the composition of waqf boards.

In response to concerns, the Centre had previously assured the Court that it would refrain from denotifying waqf properties or making new appointments to waqf councils and boards until May 5, 2025. However, it opposed any blanket stay on the amended provisions, arguing that such a move would impede the implementation of a law passed by Parliament.

Current Status

The Supreme Court is currently deliberating on whether to grant interim relief in the case. The outcome of this decision will have significant implications for the administration of waqf properties and the broader discourse on religious endowments in India.