Supreme Court to Hear Pleas Against Waqf (Amendment) Act on May 20
The Supreme Court of India has scheduled a hearing on May 20 to consider interim relief in a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench led by Chief Justice BR Gavai and Justice AG Masih will assess whether a temporary stay on the Act’s provisions is warranted.
The court will examine three core issues for interim relief:
- The de-notification of Waqf properties—particularly whether they qualify as Waqf by user or by deed,
- The inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards,
- The identification and classification of government land under Waqf.
In the meantime, the Centre has assured the court that it will not implement key provisions of the amended Act. Solicitor General Tushar Mehta, appearing for the government, reiterated this commitment, stating that no appointments will be made to Waqf bodies and that contested provisions related to land and council composition will remain on hold.
Mehta also informed the bench that the Centre has submitted a detailed reply defending the law and urging the court to dismiss the petitions. The government argues that the amendments pertain only to the secular management of Waqf properties and do not violate Articles 25 and 26, which protect religious freedoms under the Constitution.
According to the Centre’s preliminary affidavit, the removal of statutory recognition for “Waqf-by-user” does not prevent individuals from creating Waqf properties through proper legal procedures. It also asserted that constitutional courts typically refrain from staying statutory provisions and should instead deliver a final judgment on such matters.
The Waqf (Amendment) Bill, 2025, received Presidential assent on April 5 after intense parliamentary debate. The law has since drawn criticism from several quarters, with petitioners claiming it discriminates against the Muslim community and infringes on their fundamental rights.
Interestingly, six BJP-ruled states have backed the Centre, supporting the amendments and joining the legal battle in the Supreme Court.
The matter remains under judicial consideration, with a key hearing on interim relief now set for May 20.
