Supreme Court Reserves Interim Order on Waqf Act Challenges; Key Issues Under Review After Heated 3-Day Hearing

New Delhi: The Supreme Court on Thursday reserved its interim order on three contentious issues raised in a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The matter was heard by a bench led by Chief Justice of India BR Gavai and Justice AG Masih, who concluded a three-day marathon hearing involving top legal minds from both sides.

At the heart of the dispute lies the controversial power granted by the amended Act to denotify waqf properties, including those declared as waqf by courts, through long-standing usage (waqf-by-user), or waqf created by deed.

Senior advocates Kapil Sibal, Rajeev Dhavan, and Abhishek Singhvi, appearing for the petitioners, launched a strong attack on the amended law, arguing it marked a “complete departure from historical legal and constitutional principles.”

“This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised,” Kapil Sibal submitted before the bench. He also alleged that the Act facilitates “the capture of waqf properties through a non-judicial process.”

The petitioners sought interim relief on three main grounds:

1. Challenging the power of the authorities to denotify waqf properties declared by courts or through traditional usage.
2. Objecting to the composition of state waqf boards and the Central Waqf Council, arguing that only Muslims (except ex-officio members) should manage waqf institutions.
3. Questioning a provision that allows a district collector to declare a property as government land after an inquiry, thereby excluding it from being treated as waqf.

Representing the Centre, Solicitor General Tushar Mehta defended the legislation and opposed any interim stay. He stressed that “waqf is inherently a secular concept” and therefore the Act should not be stalled. Citing the “presumption of constitutionality”, he urged the Court to allow the law to function unless proven unconstitutional.

The Union Ministry of Minority Affairs had earlier filed a 1,332-page preliminary affidavit on April 25, asserting the validity of the new law and rejecting demands for a “blanket stay.”

The Waqf (Amendment) Act, 2025 was passed by Lok Sabha with 288 votes in favour and 232 against, and later cleared in the Rajya Sabha with 128 ayes and 95 noes, receiving Presidential assent on April 5. It was officially notified last month.