During the hearing, the Chief Justice clearly stated that the courts cannot interfere with a law made by Parliament unless there is a strong and obvious constitutional problem.
NEW DELHI: 20th May: The Supreme Court of India, led by Chief Justice of India BR Gavai, heard a series of petitions today against the Waqf Amendment Act, which became law just a month ago.
During the hearing, the Chief Justice clearly stated that the courts cannot interfere with a law made by Parliament unless there is a strong and obvious constitutional problem.
“There is a presumption of Constitutionality in legislation passed by Parliament. Courts cannot interfere unless a glaring case is made out, especially in the current scenario, we don’t need to say more.”
The bench, comprising CJI BR Gavai and Justice AG Masih, had earlier identified three specific issues to focus on in these petitions:
- Waqf by user – where land becomes Waqf based on its religious usage,
- Nomination of non-Muslims to Waqf Councils and State Waqf Boards,
- Identification of government land as Waqf property.
The Central Government had also assured the court earlier that it would act on these three concerns until the final decision was made.
When the court reconvened, Solicitor General Tushar Mehta informed the bench that the Union Government had submitted its reply on the three chosen issues. But he pointed out that the petitioners had expanded their arguments to include many other concerns.
“However, the written submissions of the petitioners now extend to several other issues. My request is to confine it to the three issues only.”
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, who were representing the petitioners, strongly disagreed with this limitation.
“The then CJI (Sanjiv Khanna) said we will hear the case and see what interim relief has to be granted. Now we cannot say confine to three issues.”
“There cannot be a ‘piecemeal hearing’,” Mr Singhvi added, saying the matter must be examined in its full context and not be broken into parts.
Senior lawyer Kapil Sibal made serious allegations about the intention behind the new law.
“The law is designed in such a way that Waqf property is taken away without following any process.”
He also questioned a controversial clause in the law that states only someone who has been practising Islam for at least five years can create a Waqf (donation of property for religious or charitable purposes).
“If I am on my deathbed and I want to make a Waqf, I have to prove that I have been a practising Muslim. This is unconstitutional.”
Mr Sibal raised another concern about how Waqf properties can now lose their status very easily.
“Under the new law, any village panchayat or a private individual can raise a grievance and the property ceases to be Waqf. The government officer will decide it and will be a judge in his own cause. No questions asked.”
He stressed that Waqf properties are private properties donated by individuals and cannot be considered government-owned.
“Please remember that Waqf is about my property. It is only a property owned by someone and it cannot be of the State. Now that very property is taken away.”
Sibal further explained that, unlike temples, mosques do not receive donations in the same manner and are not supported by the government.
“Under our Constitution, the State cannot possibly finance religious institutions. The State cannot finance a mosque for its upkeep, a burial ground has to be made through private property. So people often at the end of life dedicate their properties as Waqf. There is no chadhava like in temples. Mosques and graveyards do not have Rs 2000-Rs 3000 crore corpus.”
When the Chief Justice pointed out that even dargahs (shrines) receive government grants, Sibal clarified:
“I was talking about mosques.”
Earlier, the Supreme Court of India heard petitions against the amended Waqf Amendment Act, 2025. Petitioners argue that the law violates Article 26 of the Constitution, which protects the right to manage religious affairs.
Several individuals, political leaders, and organisations have moved the court to challenge the Waqf Amendment Act. Among the petitioners are AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and other prominent figures.
Various groups such as the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, and the Association for Protection of Civil Rights are also part of the challenge.
Political parties including the DMK, Indian Union Muslim League, YSR Congress Party, and the Communist Party of India have extended their support to the petitions.
Additionally, Delhi MLA Amanatullah Khan, SP MP Zia Ur Rehman, the Imam of Bengaluru’s Jama Masjid, and Tamil actor and TVK President Vijay have also approached the court.
On the other hand, the States of Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh have filed applications to support the Waqf Amendment Act. The Central Government has submitted a caveat, requesting the court to hear its side before issuing any interim orders.
The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.
On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.
President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.
This amendment introduces significant reforms to the management and administration of waqf properties in India.
The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.
Case Title: IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025
