Today, On 5th May, CJI Sanjiv Khanna referred the Waqf Amendment Act case to a Bench led by Justice Gavai ahead of his retirement on May 13. The case requires a lengthy hearing, prompting the shift in proceedings.
New Delhi: The Supreme Court announced on Monday that petitions challenging the controversial Waqf (Amendment) Act, 2025, will not be heard by the Bench headed by Chief Justice of India (CJI) Sanjiv Khanna.
Instead, the matter will be transferred to a Bench headed by Justice BR Gavai.
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This decision was made because CJI Khanna is scheduled to leave office on May 13, and the case would require extensive hearings, even for an interim order.
CJI Khanna stated today when the matter came before a Bench also comprising Justices PV Sanjay Kumar and KV Viswanathan,
“We have gone through the counter and rejoinder. Yes some points have been raised on registration and some figures which are disputed by petitioners. It needs to be dealt with. There are two things which have to point out. I do not want to reserve any judgment or order even in interim stage. This matter has to be heard on any reasonable day. It will not be before me. We will post it before the bench of Justice Gavai on Wednesday or Thursday for both interim and final orders,”
Solicitor General Tushar Mehta said,
“We would have loved to pursue your lordship as every contention has an answer… but we cannot embarrass you because there is no time,”
The Court ordered,
“List this next Wednesday before a bench presided by Justice BR Gavai,”
CJI Khanna explained that the case required significant time for deliberation, which he could not provide due to his upcoming retirement.
The Court then directed that the case be listed before a bench presided over by Justice BR Gavai the following Wednesday.
Solicitor General Tushar Mehta acknowledged the time constraints and expressed that while they would have preferred to continue with CJI Khanna, they did not want to cause any inconvenience.
The Court then directed that the case be listed before a bench presided over by Justice BR Gavai the following Wednesday.
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.
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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