Chief Justice of India (CJI) Sanjiv Khanna’s tenure concluded amid significant attention to the controversial Waqf (Amendment) Act, 2025. This legislation, introduced by the central government, aimed to reform the management of Waqf properties but faced criticism for potentially infringing upon the rights of the Muslim community.
CJI Sanjiv Khanna’s One Controversial Verdict During His Last Tenure: The Waqf Amendment Act 2025 Explained
During CJI Sanjiv Khanna’s tenure, the Waqf (Amendment) Act, 2025 emerged as a major controversy. The Act introduced sweeping changes—allowing non-Muslims in Waqf Boards, repealing ‘waqf by user,’ giving district collectors control over waqf disputes, and making waqf properties subject to the Limitation Act. Over 170 petitions challenged its constitutionality, alleging it infringed on minority rights under Article 26.
CJI Khanna heard the matter but refrained from giving a ruling before retirement. He secured government assurance against property denotification and deferred the case to his successor, Justice B.R. Gavai. Protests erupted nationwide, reflecting deep public concern over the Act’s implications.
What Is Waqf Law
In Islamic law, Waqf refers to the permanent dedication of property for religious or charitable purposes in the name of God. The proceeds from such endowments are traditionally used to support mosques, fund educational institutions, and provide aid to the poor. Once a property is declared as Waqf, it becomes inalienable—meaning it cannot be sold, gifted, or inherited.
The Waqf Act of 1995, along with amendments introduced in 2013 by the United Progressive Alliance (UPA) government, established a statutory mechanism for the governance of such properties, including the formation of State Waqf Boards.
On 4 April 2025, the Indian Parliament passed the Waqf (Amendment) Bill, 2025, after a marathon debate lasting over 12 hours in the Lok Sabha and another 14-hour discussion in the Rajya Sabha. The Bill, which introduces major changes to the Waqf Act, 1995, was met with strong resistance from Opposition parties. The President gave his assent to the Bill the very next day, on 5 April 2025.
Originally tabled in the Lok Sabha on 8 August 2024, the draft Bill proposed renaming the existing legislation as the Unified Waqf Management, Empowerment, Efficiency, and Development Act. The Union Government hailed it as a sweeping reform designed to enhance “the efficiency of the administration and management of Waqf properties.”
Key provisions in the 2025 Amendment include the removal of the concept of Waqf by user for future endowments, an expansion of governmental control over Waqf properties, and greater powers to resolve related disputes.
Notably, the Act also mandates the inclusion of non-Muslim members in the Waqf Boards. While the Union Government insists these changes will improve transparency and accountability, the Opposition argues otherwise. Several critics claim that the amendments are an assault on the religious autonomy of Muslims, accusing the government of attempting to render the community “second-class citizens.”
After the Act received presidential assent, more than 65 petitions were filed in the Supreme Court challenging its constitutional validity. Prominent petitioners include AIMIM MP Asaduddin Owaisi, AAP MLA Amanatullah Khan, the Association for the Protection of Civil Rights, Arshad Madani of Jamiat Ulama-e-Hind, Congress leaders Imran Masood and Udit Raj, Manoj Kumar Jha of the RJD, Mahua Moitra of the TMC, the Indian Union Muslim League, the Communist Party of India, Mohammad Salim of the CPI (Marxist), Shia cleric Syed Kalbe Jawad Naqvi, and Anjuman-E-Islam.
In contrast, six states—Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam—have moved the Supreme Court in support of the 2025 Amendment, defending its constitutionality.
In the case title: IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025 was first heard on 16 April 2025 by a three-judge Bench comprising Chief Justice Sanjiv Khanna, Justice P.V. Sanjay Kumar, and Justice K.V. Viswanathan. During this hearing, the court examined ten of the petitions challenging the validity of the Act.
The bench stated,
“The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are waqf by user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025,”
The practice of ‘waqf by user’ essentially designates property as waqf if it has been utilized for Islamic religious purposes over a long period, even without formal documentation.
CJI Sanjiv Khanna’s One Controversial Verdict During His Last Tenure: The Waqf Amendment Act 2025 Explained
Regarding the inclusion of non-Muslim members in the Central and state Waqf boards, the apex court asked the Centre, “whether it is willing to allow Muslims to be part of the Hindu religious trust.”
The bench, comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan, outlined two key points for discussion.
Chief Justice Sanjiv Khanna said,
“There are two aspects we want to ask both sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue,”
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
The CJI added,
“The second point may help us in deciding the first issue to some extent,”
Initially, the bench considered referring the pleas to a single high court but later engaged in extensive discussions with a range of senior advocates, including Kapil Sibal, Abhishek Singhvi, Rajeev Dhavan, and Solicitor General Tushar Mehta, who represented the Centre.
The Supreme Court indicated that it intends to issue an interim order regarding the petitions challenging the Waqf Amendment Act 2025:
- The properties declared by courts as waqfs should not be de-notified as waqfs, whether they are waqf by user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025.
- The court further orders that the proviso of the Amendment Act, which states that a waqf property will not be considered a waqf while the Collector is investigating whether the property is government land, will not be enforced.
- The court also stipulates that all members of the Waqf Boards and Central Waqf Council must be Muslims, except for ex-officio members.
Notably, no interim order was issued after SG Tushar Mehta requested additional time.
At the second hearing on 17 April 2025, the Supreme Court granted the Union Government one week to file its responses, with two key assurances:
- No existing Waqf, including those recognised under Waqf by user, would be denotified.
- No new members would be appointed to the Central Waqf Council or State Waqf Boards before the next hearing.
The Bench further clarified that it would hear only five counsel representing the petitioners and scheduled the next hearing for the week beginning 5 May 2025. The Court also ruled that no fresh petitions on the matter would be accepted going forward.
The Central government informed the Supreme Court on Thursday that certain key provisions of the contentious Waqf (Amendment) Act, 2025, including the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, as well as regulations regarding the de-notification of properties declared as waqf by courts, will not be enforced for now.
A three-judge bench, comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, recorded the assurance made by Solicitor General Tushar Mehta.
The matter is scheduled for another hearing on May 5 to address the interim request.
The Bench clarified,
“The hearing on the next date will only be for directions and interim orders if any,”
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
The Court has decided that only five of the petitioners’ counsels will be allowed to attend the next hearing, and only those five will be heard.
The Court has given the petitioners the freedom to choose which five will represent them.
The Bench stated,
“Only 5 writ petitioners to be in court from next hearing. We only want 5 here. You select 5,”
The remaining petitions will be considered applications within the five selected petitions and will be resolved accordingly, as clarified by the Bench.
Additionally, the Court announced that the case will henceforth be referred to as In Re: Waqf Amendment Act, rather than by the names of any individual petitioners. Both parties have also been asked to appoint a nodal counsel to facilitate coordination regarding filings and communication between the bar and the bench.
On 29 April 2025, the Court reaffirmed this decision, dismissing as withdrawn 25 additional petitions, including one filed by TMC leader Derek O’Brien.
The Supreme Court announced on 5th May that petitions challenging the controversial Waqf (Amendment) Act, 2025, will not be heard by the Bench headed by Chief Justice of India (CJI) Sanjiv Khanna.
Instead, the matter will be transferred to a Bench headed by Justice BR Gavai.
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
This decision was made because CJI Khanna is scheduled to leave office on May 13, and the case would require extensive hearings, even for an interim order.
CJI Khanna stated today when the matter came before a Bench also comprising Justices PV Sanjay Kumar and KV Viswanathan,
“We have gone through the counter and rejoinder. Yes some points have been raised on registration and some figures which are disputed by petitioners. It needs to be dealt with. There are two things which have to point out. I do not want to reserve any judgment or order even in interim stage. This matter has to be heard on any reasonable day. It will not be before me. We will post it before the bench of Justice Gavai on Wednesday or Thursday for both interim and final orders,”
Solicitor General Tushar Mehta said,
“We would have loved to pursue your lordship as every contention has an answer… but we cannot embarrass you because there is no time,”
The Court ordered,
“List this next Wednesday before a bench presided by Justice BR Gavai,”
CJI Khanna explained that the case required significant time for deliberation, which he could not provide due to his upcoming retirement.
The Court then directed that the case be listed before a bench presided over by Justice BR Gavai the following Wednesday.
Solicitor General Tushar Mehta acknowledged the time constraints and expressed that while they would have preferred to continue with CJI Khanna, they did not want to cause any inconvenience.
The Court then directed that the case be listed before a bench presided over by Justice BR Gavai the following Wednesday.
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