The Supreme Court on Thursday reserved its interim order on three key issues, including whether properties declared as “waqf by courts, waqf-by-user, or waqf by deed” can be denotified, after hearing a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A bench led by Chief Justice of India BR Gavai and Justice AG Masih concluded hearings after three days of marathon arguments from senior advocates Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi on behalf of those opposed to the amended waqf law and Solicitor General Tushar Mehta, representing the Centre.
The Centre firmly defended the Act, arguing that waqf is inherently a “secular concept” and therefore should not be stayed, citing the “presumption of constitutionality” that supports the legislation.
Senior advocate Kapil Sibal, representing the petitioners, criticized the Waqf (Amendment) Act, 2025 as a “complete departure from historical legal and constitutional principles.” He argued that the law facilitates the “capture of waqf properties through a non-judicial process.” “This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised,” Sibal said.
Petitioners sought interim relief on three key issues:
At the current stage, the petitioners requested interim orders on three significant concerns: Petitioners challenged the power granted under the Act to denotify properties that have been declared waqf by courts, through usage (waqf-by-user), or by deed.
They also opposed the current structure of state waqf boards and the Central Waqf Council, insisting that only Muslims, except for ex-officio members, should manage these bodies.
The third issue relates to a provision that allows a property not to be treated as waqf if a district collector conducts an inquiry to ascertain whether the property is government land.
Centre opposes stay, defends constitutionality of Act
In response, the Union Ministry of Minority Affairs submitted a detailed preliminary affidavit on April 25, stretching over 1,332 pages. The Centre defended the amended law and opposed any “blanket stay” by the Supreme Court, citing the “presumption of constitutionality” that applies to laws enacted by Parliament.
The Waqf (Amendment) Act, 2025 was officially notified last month following the President’s assent on April 5. The bill was passed in the Lok Sabha with 288 votes in favour and 232 against. In the Rajya Sabha, it received 128 votes in support and 95 opposing it.
(With PTI inputs)
