SC Transfers Waqf Act Challenge to Bench Led by Incoming CJI BR Gavai for May 15 Hearing
The Supreme Court on Monday announced that the batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 will be heard on May 15 by a bench led by Chief Justice-designate Justice B R Gavai.
New Delhi: The Supreme Court on Monday announced that the batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 will be heard on May 15 by a bench led by Chief Justice-designate Justice B R Gavai.
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CJI Khanna Declines to Reserve Order Before Retirement
As soon as the bench headed by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, convened for the hearing, CJI Khanna made it clear that he would not pass any interim order at this stage.
“There are certain aspects which the Centre dealt with, but they require clarification. I do not want to reserve any judgment or order at this interim stage,” said CJI Khanna, who will retire on May 13.
Centre Urges to Be Heard Before Any Order
Solicitor General Tushar Mehta, appearing for the Centre, acknowledged the limited time left before the CJI’s retirement.
“We would have loved to pursue your lordship as every contention has an answer. But, we cannot embarrass you because there is no time,” he said, to which CJI Khanna responded, “No no, I am looking forward to it.”
Petitions Renamed and Tagged for May 15 Hearing
The five petitions, including one filed by AIMIM chief and Hyderabad MP Asaduddin Owaisi, are now titled ‘In Re the Waqf (Amendment) Act, 2025’ and will be taken up by the bench led by Justice Gavai, who becomes Chief Justice of India on May 14.
Centre Defends Law, Rejects Blanket Stay
In its April 25 affidavit, the Centre defended the newly amended law, opposing any blanket stay, arguing that the law carries a presumption of constitutionality as it was passed by Parliament. The government also justified the inclusion of provisions on “waqf by user” properties, cautioning that interference would amount to a “legislative regime by a judicial order.”
What Is ‘Waqf by User’?
The term refers to a practice where a property is recognized as waqf—a religious or charitable endowment—based on long-term, uninterrupted use for such purposes, even without formal documentation from the owner.
Centre Had Earlier Paused Key Provisions
Earlier, on April 17, the Centre assured the Supreme Court that it would not denotify any waqf properties, including “waqf by user”, nor make any appointments to the Central Waqf Council or state boards until May 5.
Act Passed Despite Political Opposition
The Waqf (Amendment) Act, 2025 was passed last month after receiving President Droupadi Murmu’s assent on April 5. The Lok Sabha approved it with 288 votes in favour and 232 against, while in the Rajya Sabha, 128 MPs supported and 95 opposed.
Several political parties—including the DMK, YSRCP, AIMIM, Left parties, along with civil society groups and Muslim organizations—have filed petitions opposing the law.
The next hearing on the matter is scheduled for May 15, marking the beginning of judicial scrutiny under the new Chief Justice.
