Today, On 15th May, The Supreme Court will hear interim relief pleas challenging the Waqf Amendment Act on May 20. The Centre’s earlier assurance to not implement the Act’s provisions will remain in effect until then.
New Delhi: The Supreme Court announced on Thursday that it will hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on May 20, focusing specifically on interim relief.
A Bench led by Chief Justice of India (CJI) BR Gavai and Justice AG Masih will evaluate whether an interim stay is necessary regarding three issues: waqf by user, the nomination of non-Muslims to the Waqf Council and State Waqf Boards, and the identification of government land designated as waqf.
In the meantime, the Court noted that the assurance provided by Solicitor General Tushar Mehta that the Central government would not implement the provisions of the Act will remain in effect.
Also Read: Uttarakhand Waqf Board Moves Supreme Court to Support Waqf (Amendment) Act, 2025
The Court stated before adjourning the matter,
“We will grant two hours to each side,”
This order was issued in response to several petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The Lok Sabha passed the law on April 3, followed by the Rajya Sabha on April 4, with the amendment receiving Presidential assent on April 5.
The new legislation modifies the Waqf Act of 1995 to regulate Waqf properties, which are dedicated exclusively for religious or charitable purposes under Islamic law.
A series of petitions have been filed with the Supreme Court contesting the validity of the amendment, including those from Congress Member of Parliament (MP) Mohammad Jawed and All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi. Additional petitions followed in the days that ensued.
The petitioners argued that the amendment discriminates against Muslims, claiming that it selectively targets Muslim religious endowments and infringes upon the community’s constitutionally protected right to manage its own religious affairs.
Meanwhile, six states governed by the Bharatiya Janata Party have also approached the Supreme Court in support of the amendment. The intervention applications have been submitted by Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam. These states emphasized how they would be impacted if the constitutionality of the Amendment Act were to be challenged.
The central issue in the challenge is the removal of “waqf by user” from the statutory definition of waqf. Petitioners argued that this omission would strip historical mosques, graveyards, and charitable properties many of which have existed for centuries without formal waqf deeds of their religious significance.
In response, the Union government informed the Supreme Court that the Waqf (Amendment) Act, 2025 was introduced to prevent the misuse of waqf provisions that were being exploited to encroach on private and government properties.
In a written statement, the Centre noted that following the previous amendment to the Waqf Act in 2013, there was a 116 percent increase in “auqaf area.”
Also Read: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
Defending the removal of “waqf by user,” the Centre argued that despite a mandatory registration requirement for all types of waqf since 1923, individuals and organizations had been claiming private and government lands as waqf. This not only deprived individual citizens of valuable property rights but also led to unauthorized claims over public properties.
The Centre further stated that the exclusion of “waqf by user” from the definition of waqf does not limit the right to dedicate property to God; it merely regulates how such dedications must be structured in accordance with statutory requirements.
Regarding the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, the Centre asserted that these changes do not infringe upon the rights of the Muslim community under Article 26. It was noted that non-Muslim members represent a “microscopic minority” in the Council and Boards, and their inclusion aims to promote inclusivity within these bodies.
On April 17, the Central government assured the Court that it would not enforce several key provisions of the Act for the time being. The Court recorded this assurance and chose not to issue any explicit stay.
Former Chief Justice of India Sanjiv Khanna had previously recused himself from hearing the petitions and referred them to a bench led by the current CJI, BR Gavai.
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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