Today, On 15th May, CJI B R Gavai will hear petitions challenging the constitutional validity of the Waqf (Amendment) Act. The case comes after the Centre assured it won’t denotify waqf properties or make new appointments till May.
New Delhi: The Supreme Court is set to hear challenges regarding the constitutional validity of the Waqf (Amendment) Act 2025 on Thursday.
The case will be presided over by Chief Justice B R Gavai and Justice Augustine George Masih.
Former Chief Justice Sanjiv Khanna, who was previously hearing the matter, retired on May 13.
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
The Supreme Court, On April 17, documented the Centre’s commitment to refrain from denotifying waqf properties, including “waqf by user,” and from making appointments to the central waqf council and boards until May 5.
This assurance was provided after the apex court was informed that the law was enacted by Parliament following “due deliberations” and that it should not be stayed without a hearing with the government.
The Centre opposed the court’s suggestion to issue an interim order against the denotification of waqf properties, including “waqf by user,” as well as to stay a provision permitting the inclusion of non-Muslims in the central waqf councils and boards.
The Ministry of Minority Affairs, On April 25, submitted a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025, arguing against any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament.”
The Centre requested the Supreme Court to reject the challenges to the Waqf (Amendment) Act, 2025, highlighting a “mischievous false narrative” surrounding specific provisions.
The affidavit noted a “shocking increase” of 116 percent in waqf properties since 2013 and countered claims that Muslims could become a minority in the Central Waqf Council and state Waqf Boards due to the law changes.
In defense of the “waqf by user” provision, the Centre argued that any interference would establish a “legislative regime by a judicial order.”
“Waqf by user” refers to properties recognized as religious or charitable endowments based on their long-term and consistent use for such purposes, even without a formal declaration by the owner.
The All India Muslim Personal Law Board has accused the Centre of presenting inaccurate data to the Supreme Court and has sought action against the official responsible for submitting a false affidavit.
The board expressed serious concerns regarding the government’s claim of a shocking increase in the number of waqf properties listed on the central portal since 2013.
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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