He said that even though the law claims to protect waqf properties, its real purpose is to take control of these properties through an “executive process” instead of following judicial procedures.
New Delhi, May 20, 2025 – Senior Advocate Kapil Sibal on Tuesday strongly criticised the Waqf (Amendment) Act, 2025, during a hearing in the Supreme Court.
He said that even though the law claims to protect waqf properties, its real purpose is to take control of these properties through an “executive process” instead of following judicial procedures.
“The Waqf (Amendment) Act, 2025, has been framed to protect Waqfs, but in reality, it is designed to capture Waqf through a non-judicial, executive process,” said Sibal.
Sibal, who is representing the petitioners challenging this new law, explained to the Supreme Court that a waqf is a permanent endowment made in the name of Allah. Such property, once declared as waqf, cannot be sold, transferred, or taken over.
“Waqf is an endowment to Allah (god) and pursuant to that, the property cannot be transferred – once a Waqf, always a Waqf,” he explained.
He further stated that earlier, even when a waqf property was preserved as an ancient monument, its religious identity remained intact. But now, under the 2025 amendment, if a property is declared invalid as waqf, it may be taken over by the government. This, he said, could stop people from performing their religious practices.
“Earlier, though the property was preserved as an ancient monument, the identity of the property did not change from being a Waqf and get transferred to the government. Now, such Waqf property shall be void, and once Waqf is void, people will be stopped from going to pray. The right to freely practice religious activity is curtailed.”
The Waqf (Amendment) Act, 2025, became law after it received the President’s assent on April 5, 2025. The bill was earlier passed in the Lok Sabha with the support of 288 Members of Parliament, while 232 MPs voted against it. In the Rajya Sabha, 128 MPs voted in favour of the bill, and 95 opposed it.
Now, the law is being challenged in the Supreme Court by various petitioners, including religious organisations and waqf boards.
During Tuesday’s hearing, the Centre requested the apex court to limit the scope of the arguments to three specific points for the purpose of passing interim orders.
However, this was firmly opposed by senior advocates Kapil Sibal and Abhishek Manu Singhvi, who are arguing on behalf of the petitioners. They insisted that the matter must be heard in full and not in parts.
The submission was opposed by senior advocates Kapil Sibal and Abhishek Singhvi, appearing for those challenging the provisions of the 2025 law, that there cannot be any piecemeal hearing.
The Three Issues Are:
- Power to Denotify Waqf Properties: The first concern is about the government’s ability to declare previously recognised waqf properties — whether by court order, public usage, or deed — as no longer waqf.
- Composition of Waqf Boards: Petitioners are also challenging provisions related to the formation of state waqf boards and the Central Waqf Council. They argue that only Muslims, except ex-officio members, should be part of these bodies to maintain the religious integrity of waqf institutions.
- Inquiry by District Collector: The final issue is about the power given to district collectors to investigate whether a waqf property is actually government land. If they conclude it is government land, the property will not be treated as waqf.
“Now, such Waqf property shall be void, and once Waqf is void, people will be stopped from going to pray. The right to freely practice religious activity is curtailed,” Sibal had warned.
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
