Today, On 20th May, Centre Requests Supreme Court to Limit Hearing Scope to Three Specific Issues only while considering interim orders in the ongoing Waqf Amendment Act challenge.
New Delhi: The Centre requested the Supreme Court to limit the hearing on petitions challenging the validity of the Waqf (Amendment) Act for interim orders to three specific issues, including the authority to denotify properties designated as “waqf by courts, waqf-by-user, or waqf by deed.”
Solicitor General Tushar Mehta, representing the Centre, urged the bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih to focus only on the issues identified by the previous bench.
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
The law officer stated,
“The court had earmarked three issues. We had filed our response to these three issues. However, the written submissions of the petitioners now exceed several other issues. I have filed my affidavit in response to these three issues. My request is to confine it to the three issues only,”
However, senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the petitioners, strongly opposed this suggestion. They contended that a piecemeal approach to the constitutional challenge would be inappropriate and urged the Court to consider the full range of issues raised.
Three Issues Identified for Interim Relief
The three main issues at the center of the Centre’s plea are:
- Denotification Powers: Whether the government has the authority to denotify properties declared as waqf by court order, user practices, or deed.
- Composition of Waqf Bodies: The legitimacy of including non-Muslim members in the Central Waqf Council and State Waqf Boards, excluding ex-officio members. The petitioners argue that only Muslims should administer waqf institutions.
- Collector’s Inquiry Clause: A contentious provision that prevents properties from being classified as waqf if a collector’s inquiry determines they are government land.
As the hearing resumed, Kapil Sibal began to present arguments, providing the Court with the broader context of the Waqf dispute.
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
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
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