The Supreme Court on Wednesday, April 16, proposed to pass an interim order with significant directions related to the Waqf (Amendment) Act 2025. The three-judge bench headed by the Chief Justice of India, Sanjiv Khanna, called the violence taking place regarding the matter “disturbing” and said that the properties already declared as waqf (waqf by user or waqf by deed) by court order cannot be denotified while the court is hearing the matter.
The SC bench further said that the provision of the Amendment Act, which says that a waqf property would not be treated as a waqf while the Collector is conducting an inquiry on whether it is government land, will not be given effect to. The CJI-led bench also said that all members of the waqf boards and the Central Waqf Council, except the ex-officio members, should be Muslims.
The concept of ‘Waqf’, rooted in Islamic laws and traditions, refers to an endowment made by a Muslim for charitable or religious purposes, such as mosques, schools, hospitals, or other public institutions. The SC was hearing a batch of petitions challenging the Waqf (Amendment) Act 2025 when it gave these directions.
Solicitor General Tushar Mehta opposed the passing of an interim order and urged the bench to give the Union government a hearing. He added that a reply would be filed within two weeks if a notice is issued to the Union government, and the matter may be taken for hearing on a day-to-day basis.
At the very outset of the hearing, the top court said: "Two aspects we would like both sides to address. First, whether we should entertain writ petitions or relegate them to the High Court? Second, what do you (petitioners) want to argue?"
Multiple petitions have been filed before the Supreme Court challenging the constitutional validity of the recent amendments introduced in the Waqf Act, 1995.
After the legislation was passed by Parliament in the first week of April, the Congress announced it will challenge the Waqf (Amendment) Bill (now an Act after the Presidential assent) before the Supreme Court, claiming that it was an attack on the basic structure of the Constitution, aimed at "polarising" and "dividing" the country based on religion.
On the other hand, the government has said that crores of poor Muslims will benefit from this legislation, and in no way does it harm any single Muslim.
In his petition filed before the apex court, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.
Another plea filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi said the impugned amendments are "ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary".
Several others, including the Association for Protection of Civil Rights, AAP leader Amanatullah Khan, Maulana Arshad Madani of Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board (AIMPLB), the Social Democratic Party of India (SDPI), the Indian Union Muslim League, Taiyyab Khan Salmani, and Anjum Kadari, have filed petitions challenging the constitutional validity of the provision.
In response to the petitions seeking a stay on the implementation of the Waqf (Amendment) Act, 2025, the Union government has filed a caveat, or notice submitted to a court by a party to a litigation who wishes to be heard before any order is likely to be issued on the opponent's plea, in the Supreme Court.
Additionally, several BJP-ruled states, including Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, and Uttarakhand, have approached the Supreme Court seeking to defend the Waqf (Amendment) Act, 2025.
The matter is posted for further hearing on Thursday at 2 pm, including the arguments of the Union government on the passing of an interim order.