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The Supreme Court on Monday listed for May 14, a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The matter came up for hearing today before the Bench of Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan.
After going through the counter and rejoinder, including the points raised on registration and the figures disputed by the petitioners, the CJI said that even for the passing of an interim order, a detailed hearing was required, which may not be possible before the current Bench.
The incumbent CJI is scheduled to retire on May 13. Justice BR Gavai, the seniormost judge of the Apex Court, is set to take oath as the 52nd CJI on May 14.
The Bench listed the matter for May 14 before a Bench presided over by Justice Gavai, for both interim and final orders.
The Waqf (Amendment) Act 2025, which aimed to regulate waqf properties by proposing amendments in the Waqf Act, 1995, came into effect on April 8, following a notification issued by the Ministry of Minority Affairs under Section 1(2) of the Act.
Union Minority Affairs Minister Kiren Rijiju introduced the Waqf (Amendment) Bill, 2025 in the Lok Sabha on August 28, 2024. It was passed by the Lok Sabha on April 3 with 288 Members of Parliament (MPs) voting in favour and 232 against it. The Bill received the Rajya Sabha nod on April 4 after 128 MPs voted in favour and 95 against it.
On April 5, President Draupadi Murmu gave her assent to the Waqf (Amendment) Act, 2025.
Waqf refers to properties dedicated exclusively for religious or charitable purposes under the Islamic law. The Waqf Act, 1995, was enacted to govern the administration of waqf properties (religious endowments) in India.
It provided for the power and functions of the Waqf Council, State Waqf Boards, the Chief Executive Officer, and the mutawalli. The Act further spoke about the power and restrictions of Waqf Tribunals, which act in lieu of a civil court under its jurisdiction.
The Waqf (Amendment) Act, 2025, renamed the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency and Development Act, reflecting its broader objective to improve the management and efficiency of Waqf boards and properties.
While the 1995 Act allowed waqf to be formed by declaration, long-term use, or endowment, the Waqf Amendment Act 2025 stated that only a person practicing Islam for at least five years may declare a waqf.
It clarified that the person must own the property being declared. It removed waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes. It also added that waqf-alal-aulad must not result in the denial of inheritance rights to the donor’s heir, including women heirs.
The 2025 Amendment removed the provision in the 1995 Act, which empowered the Waqf Board to inquire and determine if a property was waqf.
It provided that two members of the Central Waqf Council, set up to advise the Central and State governments and waqf boards, must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. Representatives of Muslim organisations, scholars in Islamic law and chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women.
The 2025 Act empowered the Central government to make rules regarding the registration and publication of accounts of waqf, along with the publication of proceedings of Waqf Boards.
As per the latest Amendment, state governments can get the accounts of Waqfs audited at any point. It has empowered the Central government to get these audited by the CAG or a designated officer.
Several petitions have been filed in the Apex Court challenging the constitutional validity of the Act.
Prominent petitioners include Congress party whip in the Lok Sabha Mohammad Jawed, All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi, Aam Aadmi Party (AAP) MLA and chairman of the Delhi Waqf Board Amanatullah Khan, the Indian Union Muslim League (IUML), the Social Democratic Party of India (SDPI), and the Samastha Kerala Jem Iyyathul Ulema (a body of Sunni scholars).
Trinamool Congress leader Mahua Moitra also filed a petition challenging the Waqf (Amendment) Act, 2025, alleging that Parliamentary rules and practices were violated during the law-making process, contributing to the unconstitutionality of the 2025 Act.
This was the first petition among the many filed so far against the Waqf Acts, which claimed that the Chairperson of the Joint Parliamentary Committee (JPC) flouted the parliamentary rules and practices, both at the stage of consideration and adoption of the draft report of JPC on the Bill, and at the stage of presentation of the said report before the Parliament.
The All India Association of Jurists (AIAJ), a community of lawyers, former judges and law enthusiasts, became the first among the legal fraternity, to challenge the 2025 Act before the Apex Court. The plea termed the Act ‘unconstitutional’ and sought the striking down of the law.
The Hindu Sena became the first petitioner to move the Apex Court supporting the Waqf (Amendment) Act 2025. It said in its plea that the Act amended the ‘draconian’ nature of earlier provisions provided in the 1995 Act.
This article first appeared on India Legal
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