Supreme Court Reserves Interim Order on Waqf (Amendment) Act, 2025

The Supreme Court on Thursday reserved its interim order on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench comprising Chief Justice BR Gavai and Justice Augustine George Masih concluded three days of intense hearings on issues surrounding the new law.

Petitioners, represented by senior advocates Kapil Sibal, Rajeev Dhavan, and Abhishek Manu Singhvi, sought interim relief on three main concerns:

• Whether waqf properties already declared by courts, deeds, or long-term use (waqf by user) can be de-notified.
• Whether state waqf boards and the Central Waqf Council must be exclusively composed of Muslims (except ex-officio members).
• The law’s provision empowering district collectors to decide on government ownership, effectively removing properties from Waqf consideration.

Also Read: Supreme Court Reserves Interim Order on Waqf

Petitioners: Law Marks a Radical Departure

Senior advocate Kapil Sibal called the amendment a “complete departure from constitutional principles”, alleging it aims to capture waqf properties through non-judicial means. “This is not just about a statute — it’s a systemic effort to take over Waqf,” Sibal stated.

The petitioners argued that the new provisions would allow administrative overreach and undermine the autonomy of the Waqf institutions and Muslim community.

Centre Defends Law as Constitutionally Sound

Solicitor General Tushar Mehta, defending the central government, argued that waqf is an Islamic concept, but not an essential tenet of the religion. “Charity exists in all faiths,” he said, adding that ‘waqf by user’ is a statutory concept, not a fundamental right.

Mehta warned that halting the new provision would hinder the government’s effort to prevent encroachments on public land misidentified as waqf through unverified usage. “The Centre acts as a trustee for 140 crore Indians,” he said, adding that misuse of land must be checked.

No Arbitrary Possession Changes, Says Centre

Addressing concerns of mass acquisition or arbitrary classification of properties, Mehta stressed that revenue entry changes under the law are subject to challenge and do not imply possession transfer. He reiterated that proper legal procedures — through Waqf Tribunals — must be followed for any disputes.

Consultation and Parliamentary Scrutiny Highlighted

The government also underlined that the amendment was passed after thorough deliberation. The Joint Parliamentary Committee held 96 meetings, received 9.7 million representations, and consulted 25 Waqf Boards and multiple state governments. “This was no behind-the-door legislation,” Mehta said.

Government Denies Intent to Capture Waqf Properties

Dismissing allegations of a mass waqf property takeover, the Centre clarified that designated officers have no powers to take possession. At most, ownership entries may be revised in government records — changes which can still be contested in court.

Background: A Contentious Amendment

The Waqf (Amendment) Act, 2025, received Presidential assent on April 5. It was passed in the Lok Sabha with 288 votes in favour and 232 against, and in the Rajya Sabha with 128 votes to 95. The Act has stirred considerable debate within the legal and religious community over its impact on waqf properties and Muslim rights.

The Supreme Court’s interim decision, once delivered, is likely to set a significant precedent for future waqf-related legislation and property rights across India.