New Delhi [India]: The Supreme Court is expected to issue an interim order today concerning the Waqf (Amendment) Act, 2025, following intense arguments from both supporters and opponents of the controversial legislation.
A three-judge bench led by Chief Justice of India Sanjiv Khanna, along with Justices PV Sanjay Kumar and KV Viswanathan, is hearing a series of petitions challenging the constitutional validity of the amended law, which critics say undermines the religious rights of the Muslim community.
The court indicated on Wednesday that it may stay several key provisions, including:
- Inclusion of non-Muslims in Waqf Boards and the Central Waqf Council,
- Empowering district Collectors to adjudicate property disputes related to Waqf,
- De-notification of properties that were judicially declared as Waqf.
The hearing, which extended for over two hours, saw the Solicitor General Tushar Mehta requesting that the Centre be given a chance to respond before any interim relief is granted.
“We are inclined to pass an interim order that maintains a balance of equities,” said CJI Khanna. He added, “Properties already declared Waqf by courts—be it by user, declaration, or otherwise—should not be de-notified. Collectors may continue proceedings, but the proviso under challenge will not be enforced unless permitted by the court. As for Waqf Board appointments, only Muslims may be appointed as non-ex officio members.”
CJI Khanna also criticized the government’s approach:
“The government cannot rewrite history. Declaring properties non-Waqf after 100-200 years, based on an amendment, raises serious questions.”
Key Arguments Presented:
Kapil Sibal, representing one of the petitioners, argued that the law violates the principle of natural justice by appointing Collectors—government officials—as arbiters in disputes where the government itself is often a stakeholder.
“This is per se unconstitutional. The Act gives administrative authorities judicial powers, and allows non-Muslims to govern Muslim religious endowments,” Sibal asserted.
Abhishek Manu Singhvi highlighted the danger in scrapping Waqf-by-user, pointing out that over four lakh properties—half of all registered Waqf properties—fall under this category.
Rajeev Dhavan emphasized that Waqf is an integral part of Islamic charitable practice, arguing that the law infringes on religious freedoms.
The court also took note of recent violence in West Bengal’s Murshidabad, allegedly linked to the Act, and expressed concern over tensions stemming from its implementation.
Government’s Defense:
Solicitor General Tushar Mehta maintained that the legislation was passed following an exhaustive Joint Parliamentary Committee review and public consultation process.
“The law was debated thoroughly in Parliament and reflects a democratic process,” he said.
Petitions and Opposition:
A large coalition of opposition parties, MPs, religious bodies, and civil society organizations have challenged the Act in court, including:
- AIMIM MP Asaduddin Owaisi,
- Congress MPs Mohammad Jawed & Imran Pratapgarhi,
- AAP MLA Amanatullah Khan,
- Jamiat Ulema-i-Hind, Samastha Kerala Jamiatul Ulema,
- AIMPLB, and multiple NGOs.
The DMK, CPI, YSRCP, and even actor-politician Vijay’s TVK have filed petitions, while RJD MPs Manoj Jha and Faiyaz Ahmad have challenged the Act on the grounds of state interference in religious endowments.
Support for the Act:
In contrast, BJP-led governments in seven states and several Hindu organizations and tribal rights groups have submitted impleadment applications supporting the Act. They argue that the Waqf law must evolve to reflect modern governance and inclusivity.
The Supreme Court’s interim order is now awaited with great anticipation, as it could significantly influence how the Waqf law is applied across India in the coming months.