New Delhi: The Supreme Court of India is scheduled to hear on Thursday a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
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Hearing Before CJI Gavai-Led Bench
According to the cause list on the apex court’s website, a two-judge Bench comprising Chief Justice B.R. Gavai and Justice A.G. Masih will resume hearing the matter on May 15.
In the previous hearing held on May 5, the then CJI Sanjiv Khanna stated that he would not reserve judgment due to his impending retirement. The matter was adjourned to be heard by the Gavai Bench on May 13 or 14.
Preliminary Replies and Procedural Developments
The apex court had earlier:
- Granted one week to the Centre, state governments, and Waqf Boards to file their preliminary replies.
- Identified five writ petitions as lead cases.
- Decided that other petitions would be treated as intervention applications.
- Directed the registry to rename the case titles as “In Re: The Waqf (Amendment) Act, 2025”.
Centre’s Assurance and Court’s Position
After the Supreme Court hinted at a possible stay order, the Union government assured that it would:
- Not de-notify provisions related to ‘Waqf by user’.
- Not include non-Muslim members in the Waqf Boards.
Government’s Stand in Affidavit
In its preliminary affidavit, the Ministry of Minority Affairs stated:
- The amendments aim to prevent misuse of Waqf laws and protect government property.
- Since the 2013 amendment, there has been a 116% increase in Waqf-declared land, raising concerns about encroachment.
- The reforms seek to improve transparency and administration within Waqf Boards, which have been functioning in a non-transparent manner.
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Key Amendments Explained
The Centre defended the introduction of Sections 3A, 3B, and 3C, claiming these provisions:
- Address longstanding issues where government and private lands were wrongly declared as Waqf properties.
- Ensure proper record-keeping, property management, and oversight.
Clarification on Religious Neutrality
The Union government stressed that the amendments are secular in nature, targeting only:
- Administrative and managerial reforms in Waqf institutions.
- Without affecting religious practices or Islamic beliefs.
Background on Waqf
The term ‘Waqf’ refers to a charitable endowment under Islamic law, typically for religious or public welfare purposes, such as:
- Mosques
- Schools
- Hospitals
- Community services
The hearing today is expected to be significant in shaping the future of Waqf administration and property rights in India.