On Monday, a three-judge bench of the apex court will take up a batch of five main petitions, including newly filed pleas, which are now titled ‘In Re the Waqf (Amendment) Act, 2025’.
NEW DELHI: The Supreme Court of India is set to hear on Monday (May 5) a group of petitions that have challenged the constitutional validity of the Waqf (Amendment) Act, 2025.
ALSO READ: Waqf Amendment Act| Supreme Court to Hear Five Petitions
The Hon’ble Chief Justice, Hon’ble Mr. Justice Sanjay Kumar, and Hon’ble Mr. Justice K.V. Viswanathan will takeup the case at 2:00 PM.
This hearing comes shortly after the Central Government temporarily put a hold on two key provisions of the controversial law. These steps were taken after the Supreme Court raised serious concerns.
The AIMPLB has demanded strict action against a government officer from the Union Ministry of Minority Affairs, claiming that the official filed a “false affidavit” in court during the legal proceedings related to the Waqf law. According to them, the government has given incorrect data and tried to mislead the judiciary.
In its affidavit submitted on 25 April, the Central Government defended the amendments and opposed any blanket stay by the court. It argued that the Waqf (Amendment) Act, 2025 is a “law having presumption of constitutionality passed by Parliament”, and courts should not halt its implementation through general orders.
The Centre also justified a controversial provision related to “waqf by user”, a concept that allows certain properties to be treated as waqf if they have been used continuously for religious or charitable purposes — even without a formal written declaration.
It warned that stopping this part of the law would cause major legal complications, saying, “any interference would create a legislative regime by a judicial order”.
The term “waqf by user” refers to properties that have long been used for religious or public welfare purposes. Even if the original owner never officially declared them as waqf through legal documents, their continuous use makes them eligible to be treated as such. The new law protects such properties, but critics fear it could lead to misuse.
On April 17, the Centre assured the top court that it will not denotify any waqf properties, including those that are “waqf by user”, and will not make new appointments to the Central Waqf Council or state waqf boards till May 5. This assurance came during the last hearing before the Supreme Court.
The AIMPLB has also objected to the Centre’s data showing a huge increase in waqf land since 2013. According to media, the Board is unhappy with the Centre’s claim that the number of waqf properties uploaded on the national portal has “shockingly increased by 116 per cent“.
The Centre’s affidavit further states:
“Right before even the Mughal era, pre-Independence era and post-Independence era, the total of wakfs created was 18,29,163.896 acres of land in India,”
and adds,“Shockingly, after 2013, the addition of wakf land is 20,92,072.536 acres.”
These figures have raised eyebrows, with many critics questioning their authenticity and basis.
Recently, the Supreme Court declined to allow more petitioners in the case. The bench said it had already decided to hear only five selected parties out of the over 70 individuals and organisations who had filed petitions. The court made it clear it would not entertain any fresh pleas at this stage.
The Supreme Court had earlier suggested passing an interim order to stop the denotification of waqf lands and also to stay the provision allowing non-Muslims to be included in the Waqf Council and boards. However, the Centre strongly opposed this proposal.
During the last hearing, Solicitor General Tushar Mehta, representing the Union government, made submissions before the bench. Based on those, the top court directed that all waqf properties already registered or notified — including those declared as “waqf by user” — must not be touched or denotified till the next date of hearing.
ALSO READ: Waqf Amendment Act | “Undoing ‘Waqf by User’ Will Create Problems”: Supreme Court
The Supreme Court then gave the Centre one week’s time to file a preliminary response to the petitions. It had also fixed May 5 as the next date of hearing.
On Monday, a three-judge bench of the apex court will take up a batch of five main petitions, including newly filed pleas, which are now titled ‘In Re the Waqf (Amendment) Act, 2025’. Among the petitioners is AIMIM president and Hyderabad MP Asaduddin Owaisi, who has challenged the constitutional validity of the new law.
The Waqf (Amendment) Act, 2025 was recently passed in Parliament and received the assent of President Droupadi Murmu on April 5. The Bill was approved in the Lok Sabha with 288 votes in favour and 232 against. In the Rajya Sabha, it was passed with 128 votes supporting it, while 95 members opposed it.
This new law has been opposed by several political parties and civil groups. Parties like the DMK, YSR Congress Party, AIMIM, and the Left parties, along with NGOs, Muslim organisations, and other civil society groups, have approached the Supreme Court to challenge the validity of the amendment.
Case Name: IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025
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