SC Declines To Entertain Fresh Pleas Challenging Waqf (Amendment) Act

Waqf (Amendment) Act, 2025

The Supreme Court on Tuesday declined to add 13 new petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, stated that accepting additional petitions would complicate the case further.

“We are not going to increase the number of petitions now… This will keep on piling and become difficult to handle,” remarked Chief Justice Khanna, in response to a request from a group of lawyers representing new petitioners.

Petitioners Advised To File Intervention Applications

While the bench rejected the new petitions, it allowed petitioners to intervene in the ongoing five cases if they wished to present additional points. Petitioners such as Firoz Iqbal Khan, Imran Pratapgadhi, Shaik Muneer Ahmad, and the Muslim Advocates Association were advised to submit intervention applications if they wanted to add further grounds to challenge the Act.

“We will hear all… Five cases have been registered. If you want to argue additional points, file impleadment applications,” the Chief Justice added.

This ruling follows a similar order from Monday, which also directed the lawyer for petitioner Syed Ali Akbar to file an intervention application for the upcoming hearings, scheduled for May 5.

Consolidation Of Legal Challenges

On April 17, the court decided to consolidate the numerous petitions into five main cases under the title “In Re: Waqf (Amendment) Act, 2025”, simplifying the case management process. A total of about 72 petitions have been filed, including high-profile submissions from:

Asaduddin Owaisi, AIMIM leader
The All India Muslim Personal Law Board (AIMPLB)
Jamiat Ulama-i-Hind
The Dravida Munnetra Kazhagam (DMK)
Members of Parliament Imran Pratapgarhi and Mohammad Jawed
Former Karnataka State Waqf Board Chairman, Anwar Basha

The court has appointed three lawyers as nodal counsels to streamline the arguments and coordinate submissions. The lawyers have been instructed to decide among themselves who will argue the case.

Government’s Assurance On Waqf Law Implementation

During the April 17 hearing, Solicitor General Tushar Mehta assured the bench that the government would not take any actions regarding waqf properties, including those identified as “waqf by user,” or make any appointments to the Central Waqf Council or waqf boards until May 5.

In response to the legal challenges, the Ministry of Minority Affairs filed a detailed 1,332-page affidavit defending the amended Waqf Act. The affidavit argued that the Act was passed with thorough deliberations and opposed any blanket stay on the law, labeling certain claims against it as misleading.

Waqf Act’s Parliamentary Journey

The Waqf (Amendment) Bill received President Droupadi Murmu’s assent on April 5, 2025, following its passage in both the Lok Sabha and Rajya Sabha. In the Rajya Sabha, the bill was approved with 128 votes in favor and 95 against, while in the Lok Sabha, it received 288 votes in favor and 232 votes against.

Court has confirmed that the next hearing will focus on preliminary objections and the possibility of issuing interim orders, marking a significant step in evaluating the constitutionality of the Waqf (Amendment) Act.