NEW DELHI: The Supreme Court is set to deliver its interim order on Monday on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench of Chief Justice B R Gavai and Justice A G Masih had reserved the order on May 22 after hearing arguments from both sides.
The petitions, including one filed by AIMIM chief and Hyderabad MP Asaduddin Owaisi , question key provisions of the amended law. These include the power to denotify properties declared as “waqf by courts, waqf by user , or waqf by deed,” the composition of state waqf boards and the Central Waqf Council , and a provision stating that waqf properties will not be treated as waqf when collectors inquire if they are government lands.
Before reserving the interim order, the bench heard arguments by advocates representing the petitioners and Solicitor General Tushar Mehta, representing the Centre, over three consecutive days.
The Centre strongly defended the Act, saying waqf by its very nature is a "secular concept" and cannot be stayed given the "presumption of constitutionality" in its favour. Mehta emphasised that though waqf is an Islamic concept, it is not an essential part of Islam and is inherently secular. The government’s affidavit also highlighted concerns of misuse, citing a “shocking” 116 per cent rise in waqf lands since the 2013 amendment, and alleged that private and public lands were being wrongly claimed as waqf despite mandatory registration since 1923.
Senior advocate Kapil Sibal, representing the petitioners, described the amended law as a “complete departure from historical legal and constitutional principles” and a means to “capture waqf through a non-judicial process.” The All India Muslim Personal Law Board (AIMPLB) countered the Centre’s claims, accusing it of submitting false data and seeking action against the responsible officials.
Earlier, the Centre assured the apex court that it would neither denotify waqf properties, including those categorised as “waqf by user,” nor make appointments to the Central Waqf Council and state boards until May 5. The Waqf (Amendment) Act, 2025, was cleared by Parliament with narrow margins—288-232 in the Lok Sabha and 128-95 in the Rajya Sabha—and was notified on April 5 after receiving the President’s assent.
The petitions, including one filed by AIMIM chief and Hyderabad MP Asaduddin Owaisi , question key provisions of the amended law. These include the power to denotify properties declared as “waqf by courts, waqf by user , or waqf by deed,” the composition of state waqf boards and the Central Waqf Council , and a provision stating that waqf properties will not be treated as waqf when collectors inquire if they are government lands.
Before reserving the interim order, the bench heard arguments by advocates representing the petitioners and Solicitor General Tushar Mehta, representing the Centre, over three consecutive days.
The Centre strongly defended the Act, saying waqf by its very nature is a "secular concept" and cannot be stayed given the "presumption of constitutionality" in its favour. Mehta emphasised that though waqf is an Islamic concept, it is not an essential part of Islam and is inherently secular. The government’s affidavit also highlighted concerns of misuse, citing a “shocking” 116 per cent rise in waqf lands since the 2013 amendment, and alleged that private and public lands were being wrongly claimed as waqf despite mandatory registration since 1923.
Senior advocate Kapil Sibal, representing the petitioners, described the amended law as a “complete departure from historical legal and constitutional principles” and a means to “capture waqf through a non-judicial process.” The All India Muslim Personal Law Board (AIMPLB) countered the Centre’s claims, accusing it of submitting false data and seeking action against the responsible officials.
Earlier, the Centre assured the apex court that it would neither denotify waqf properties, including those categorised as “waqf by user,” nor make appointments to the Central Waqf Council and state boards until May 5. The Waqf (Amendment) Act, 2025, was cleared by Parliament with narrow margins—288-232 in the Lok Sabha and 128-95 in the Rajya Sabha—and was notified on April 5 after receiving the President’s assent.
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