SC reserves interim orders in pleas against Waqf Amendment Act

New Delhi: The Supreme Court on Thursday, May 22, reserved its interim orders on three issues, including the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed” after hearing a clutch of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

Before reserving the interim orders, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih heard senior advocates Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi on behalf of those opposed to the amended waqf law and Solicitor General Tushar Mehta, representing the Centre, for about three consecutive days.

The Centre strongly defended the Act, saying waqf by its very nature is a “secular concept” and can’t be stayed given the “presumption of constitutionality” in its favour.

Sibal, leading the petitioners, described the law as a “complete departure from historical legal and constitutional principles” and a means to “capture waqf through a non-judicial process”.

“This is a case about the systematic capture of waqf properties. The government cannot dictate what issues can be raised,” Sibal said.

Interim order on key issues

The petitioners at the present stage sought interim orders on three key issues.

One of the issues related to the power to denotify properties declared as waqf by courts, waqf-by-user or waqf by deed.

The second issue was over the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members whereas the last one is over the provision stipulating a waqf property won’t be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.

On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament”.

The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu’s assent on April 5.

The bill was cleared by the Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.