The Supreme Court will pronounce its interim orders on September 15 in the petitions challenging the validity of Waqf (Amendment) Act, 2025. Of the three issues identified, one is about the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed.”
A bench headed by Chief Justice B.R. Gavai had reserved the orders on May 22 after hearing both sides. According to the cause list uploaded on the court’s website, the order will be delivered on September 15.
Three Issues Before the Court
Before reserving the orders, the bench heard arguments for three days from senior advocates representing the petitioners and Solicitor General Tushar Mehta, who appeared for the Centre. The first issue is about the power to denotify properties already declared as waqf under court rulings, by the user, or through a deed.
The petitioners also questioned the composition of state waqf boards and the Central Waqf Council, saying only Muslims should run these bodies except for ex officio members. The third issue is about a clause in the amended Act which says a waqf property will not be treated as waqf if a collector’s inquiry establishes that the land belongs to the government.
Centre vs Petitioners
The Centre strongly defended the amendments, saying waqf by its very nature was a “secular concept” and the Act cannot be stayed given the “presumption of constitutionality” in its favour. It also argued that although waqf was an Islamic concept, it was not an essential part of Islam.
Senior advocate Kapil Sibal, for the petitioners, described the law as a “complete departure from historical legal and constitutional principles” and said it was a means to “capture waqf through a non-judicial process.”
Background of the Amendment
On April 25, the Union Ministry of Minority Affairs filed a 1,332-page affidavit opposing any “blanket stay” on what it described as “a law having presumption of constitutionality passed by Parliament.”The Waqf (Amendment) Act, 2025 was signed by President Droupadi Murmu on April 5. It was passed in Lok Sabha by 288 votes to 232 and in Rajya Sabha by 128 to 95.
(With PTI Inputs)