The Supreme Court on September 15 will pronounce its order on the issue of interim relief on a batch of pleas seeking stay on the Waqf (Amendment) Act, 2025. A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih had reserved the order on May 22. Several petitions were filed in the apex court challenging the Constitutional validity of the Waqf Act.
During the hearing, Solicitor General Tushar Mehta, representing the Centre, had argued regarding the provision barring non-Muslims from creating Waqfs. Mehta had said that only in the 2013 amendment, non-Muslims were given such rights, but in the 1923 law, they were not allowed to create Waqfs, as there were concerns that this could be used as a device to defraud creditors. He had defended the five-year practice condition to be eligible for the creation of a Waqf.
Mehta had further argued that Section 3E of the Act, which bars the creation of Waqf over lands falling under Scheduled Areas, was created for the protection of Scheduled Tribes. He had said that the creation of Waqf is irreversible, and this might prejudice the rights of the vulnerable tribal population. Mehta had said that tribal lands are being grabbed under the garb of Waqf.
Senior advocate Ranjeet Kumar, appearing for the Haryana government and a tribal organisation supporting the 2025 Amendments, said in Rajasthan, a Waqf claim was made over a 500-acre land given for mining purposes. CJI Gavai had orally observed that the requirement of registration of Waqfs has been there under the previous laws of 1923 and 1954. A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards the Muslim community and violates their fundamental rights. Six Bharatiya Janata Party-ruled states had also moved the apex court in the matter, in support of the amendment.
President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which Parliament earlier passed after heated debates in both Houses. The central government had filed its preliminary affidavit in the Supreme Court while seeking dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, as it said the law was not violative of the fundamental rights guaranteed under the Constitution. The Centre, in its affidavit, had said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution.
The Central government had urged the court not to stay any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and would decide the matter finally.
