The Supreme Court is poised to issue an interim order today concerning the Waqf (Amendment) Act, 2025, a development that has attracted substantial attention. The court’s focus will be on challenges to the Act’s validity, with emphasis on three key areas. These include the authority to remove properties from Waqf, specifically those recognized through court decisions, established usage, or documentation.
The Supreme Court reserved its interim decision on May 22 following three days of hearings. A bench chaired by Chief Justice B.R. Gavai heard arguments from petitioners and Solicitor General Tushar Mehta representing the central government.
Petitioners have raised concerns about the sweeping powers granted by the amended law to remove properties from the Waqf. They are also disputing the structure of the State Waqf Board and the Central Waqf Council, arguing that membership should be restricted to Muslims, excluding ex-officio positions.
Additionally, the Act’s provision allowing a District Collector to alter a property’s status after an investigation, potentially removing its Waqf designation, has also been challenged.
The central government maintains that Waqf is a secular concept and that the amended law is constitutional. The government emphasizes that even though Waqf has roots in Islamic tradition, it isn’t an essential element of religion and shouldn’t be viewed as a religious right.
Senior advocate Kapil Sibal, representing the petitioners, criticized the law as being contrary to historical and constitutional principles, arguing that it facilitates the acquisition of Waqf properties through non-judicial processes. The Ministry of Minority Affairs filed a comprehensive 1,332-page affidavit on April 25, opposing any blanket stay on the law.
The Waqf (Amendment) Act, 2025, was officially notified on April 8, after receiving the President’s approval on April 5. The Lok Sabha and Rajya Sabha approved the Act on April 3 and April 4. Consequently, petitions were filed in the Supreme Court.
Before reserving its interim order, the Supreme Court bench heard arguments from both those challenging the amended Waqf law and the Solicitor General over three days.
Syed Qasim Rasool Ilyas, a spokesperson for the AIMPLB, expressed optimism that the court’s interim ruling would offer relief, particularly on issues concerning ‘Waqf by user’ and the appointment of non-Muslims to the Waqf Council. Stays have been sought on the Law of Limitation and the UMEED portal. He expressed confidence that the court will provide the necessary relief.