The Supreme Court is set to pronounce its order on September 15 regarding interim relief in a batch of petitions challenging the Waqf (Amendment) Act, 2025.
The matter, which has drawn national attention, concerns the constitutional validity of the recent amendments made to the law governing Waqf properties in India.
A bench led by Chief Justice of India BR Gavai and Justice Augustine George Masih had earlier reserved its order on May 22, after hearing detailed arguments from the petitioners, state governments, and the Union government.
Petitioners Question Key Provisions In The Amended Law
Multiple pleas have been filed in the apex court challenging the amendments, which petitioners argue are discriminatory and unconstitutional. They claim the changes infringe upon the rights of the Muslim community and impose unfair restrictions on the creation and management of Waqf properties.
A significant point of contention is the clause that bars non-Muslims from creating Waqf, which was introduced in the latest amendment. Critics argue that this provision is regressive and violates equality before the law.
Centre Defends Amendments, Cites Historical Context
Representing the Union government, Solicitor General Tushar Mehta defended the amended law. He stated that historically, under the Waqf Act of 1923, non-Muslims were not allowed to create Waqf, and this position was only briefly altered by the 2013 amendment.
“The 2013 amendment allowed non-Muslims to create Waqfs, but this was never part of the original legislative intent,” Mehta told the court, adding that the provision could be exploited to defraud creditors.
He also backed the clause requiring individuals to have five years of experience in Waqf practices to be eligible for creating a Waqf. On Section 3E, which prohibits Waqfs on land in Scheduled Areas, Mehta emphasized the need to protect tribal communities.
“Waqf declarations are irreversible. Allowing them on tribal lands could threaten the rights of vulnerable groups. We’ve seen instances where such lands are being taken over under the guise of Waqf,” he argued.
Support From States & Tribal Groups
Senior Advocate Ranjeet Kumar, appearing for the Haryana government and a tribal rights group, supported the 2025 amendments. He cited a recent case from Rajasthan, where a Waqf claim was allegedly made on 500 acres of mining land, raising alarms over potential misuse.
Chief Justice Gavai noted during the proceedings that registration of Waqf properties has been a requirement in earlier versions of the law, such as those enacted in 1923 and 1954.
In its official affidavit, the central government urged the court not to stay any part of the legislation. It asserted that the amendments only govern the secular administration of Waqf properties, and therefore do not violate constitutional protections under Articles 25 and 26, which safeguard religious freedom.
The Centre argued that constitutional courts generally do not stay statutory provisions unless the law is found unconstitutional after a full hearing.
The Waqf (Amendment) Bill, 2025, received Presidential assent on April 5 after intense debate in Parliament, and now faces its biggest legal test in the country’s highest court.
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