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Informist, Monday, May. 5, 2025

 

NEW DELHI – A Supreme Court bench led by Chief Justice of India Sanjiv Khanna on Monday placed the petitions challenging the Waqf (Amendment) Act, 2025 before a bench comprising Justice B.R. Gavai, who is set to take oath as the next Chief Justice of India on May 14. The bench under Justice Gavai will hear the pleas against the Waqf Act on May 15.

 

Justice Khanna, who is nearing his retirement, said he had gone through the affidavits filed by the government and petitioners, and he does not want to reserve any judgment or order in the interim stage. Justice Khanna said the matter has to be heard on a reasonable early date. 

 

The Supreme Court was hearing a series of petitions filed by several Opposition leaders and political parties challenging the Waqf (Amendment) Act, 2025, which revises the legal framework governing the administration of waqfs across the country. The petitioners argued that the amended law discriminates against the Muslim community and infringes upon the fundamental rights of its members. The petitioners have contested the inclusion of non-Muslim members in the Central Waqf Council, state waqf boards, and waqf tribunals, saying that this amounts to unwarranted interference in the religious affairs of the Muslim community. This, they argued, was not applied to Hindu religious endowments, which continue to be managed exclusively by Hindus under various state laws.

 

Apart from this, the 2025 amendment to the Waqf Act, 1995, introduced several other significant changes in the administration and management of waqf properties. It shrank the powers of the waqf boards and vested the central government with authority to frame rules for asset management and administration. One major change was the removal of Section 40, which previously allowed a waqf board to determine whether a property qualified as waqf. It also streamlined the registration of waqfs through a central portal and database. The new law has also added a provision to allow waqf tribunals to grant an extension of up to six months for registering properties on the central platform.

 

On Apr. 17, the government had assured the Supreme Court that it will not enforce key provisions of the Waqf (Amendment) Act, 2025 regarding denotification of waqf property and waqf by user and inclusion of non-Muslims in the Central Waqf Council and state waqf boards, till the next date of hearing. On Apr. 25, the government told the court that the Waqf (Amendment) Act, 2025, respects the essential religious practices of Muslims and leaves matters of faith and worship untouched. It asserted that the amendments only regulate administrative aspects of management of waqf properties and urged the court not to issue an interim stay as sought by the petitioners.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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