Today, On 20th May, The Supreme Court is scheduled to hear the Waqf case . During this hearing, the bench may pronounce an interim order, which could impact the ongoing legal proceedings concerning Waqf properties.
New Delhi: The Supreme Court is scheduled to hear challenges to the constitutional validity of the Waqf Act, 2025, on Tuesday and may issue interim orders in the matter.
A bench led by Chief Justice B. R. Gavai and Augustine George Masih postponed the hearing from May 15 to May 20. They indicated that they would consider arguments regarding interim directions on three key issues: the authority to denotify properties designated as waqf by courts, waqf-by-user, and waqf by deed.
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The second issue raised by the petitioners concerns the makeup of state waqf boards and the Central Waqf Council. They argue that only Muslims should be involved in these bodies, aside from ex-officio members.
The third issue addresses a provision stating that a waqf property will not be classified as such if a collector investigates to determine whether the property is government land.
The bench requested senior advocate Kapil Sibal and others challenging the law’s validity, as well as Solicitor General Tushar Mehta, who represents the Centre, to submit their written notes by May 19. Lawyers from both sides indicated that the judges might need additional time to review the pleadings.
Mehta mentioned that there is an existing assurance from the Centre that no waqf properties, including those established by waqf by user, would be denotified. He also previously assured that no appointments to the Central Waqf Council or state waqf boards would be made under the new law.
The bench clarified that it would not consider any requests for a stay on the provisions of the previous 1995 waqf law on May 20.
Former Chief Justice Sanjiv Khanna, who was previously overseeing the case, retired on May 13, leading to the transfer of the matters to the bench led by Justice Gavai.
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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