A Constitution Bench of the Supreme Court, led by Chief Justice Sanjiv Khanna alongside Justice Sanjay Kumar, refused to entertain a new petition challenging the constitutional validity of the recently enacted Waqf (Amendment) Act, 2025.
The bench underscored the impracticality of dealing afresh with what it described as “hundreds” of petitions on the same issue, directing petitioners instead to seek intervention in already pending matters.
Bench Directs Intervention In Pending Petitions
Addressing advocate Syed Alo Akbar, who appeared for the fresh petitioner, the Chief Justice remarked, “You withdraw this. We passed an order on April 17 saying only five petitions will be taken up for hearing.” He clarified that those five designated cases, collectively titled “In Re: Waqf (Amendment) Act, 2025,” will next be heard on May 5. “It will be open for the petitioner to file an application in the pending petitions if so advised,” added the bench, allowing the fresh litigant a pathway to join the established proceedings rather than initiating a separate challenge.
In all, about 72 distinct petitions have been filed against the new waqf legislation. Prominent among the challengers are:
- Asaduddin Owaisi, the parliamentary leader of the All India Majlis-e-Ittehadul Muslimeen (AIMIM)
- All India Muslim Personal Law Board (AIMPLB)
- Jamiat Ulama-i-Hind
- Dravida Munnetra Kazhagam (DMK)
- Anwar Basha, former chair of the Karnataka State Board of AUQAF (represented by advocate Tariq Ahmed)
To streamline arguments, the bench appointed three nodal counsels and instructed them to coordinate among themselves to decide who would speak on behalf of all petitioners.
Interim Hearing & Rejoinders
The Supreme Court granted petitioners five days from service of the Centre’s response to file rejoinders. It emphasized that the May 5 hearing will be confined to “the preliminary objections and for an interim order,” focusing on procedural and immediate relief questions before delving into the substantive constitutional debate.
Centre’s Assurance On Implementation
During the April 17 hearing, Solicitor General Tushar Mehta assured the court that the government would refrain from any adverse action under the new Act until May 5. He specifically stated the Centre would neither denotify existing waqf properties—including those categorized as “waqf by user”—nor appoint members to the central waqf council or boards during this interim period.
Government’s Legal Defence
Shortly before the April 28 session, the Union Ministry of Minority Affairs filed a comprehensive, 1,332-page affidavit defending the Amendment Act. The ministry urged the Supreme Court to resist any “blanket stay” of the law, emphasizing its status as “a law having presumption of constitutionality passed by Parliament.” The affidavit also sought to dispel what the government called a “mischievous false narrative” surrounding select provisions of the legislation.
Parliamentary Passage Of Amendment Act
The Waqf (Amendment) Act, 2025, received presidential assent from Droupadi Murmu on April 5, 2025, following rigorous debate in both Houses of Parliament. In the Rajya Sabha, the bill passed by a vote of 128–95, while in the Lok Sabha, it was approved by 288 members against 232 votes in opposition.
With the Supreme Court poised to hear the five lead petitions on May 5, all eyes will be on whether interim relief is granted and how the constitutional challenges to the Waqf (Amendment) Act, 2025, will shape the management and protection of waqf properties across India.
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