Chief Justice BR Gavai, leading a Supreme Court Bench, will deliver the verdict on Monday on pleas seeking a stay on the Waqf (Amendment) Act, 2025.
The Union government has strongly defended the law as a tool to curb misuse of Waqf properties and ensure greater transparency in their management.
The Waqf (Amendment) Act, 2025, received Presidential assent on April 5. Its validity has been challenged by leaders, including AIMIM MP Asaduddin Owaisi and Congress MP Mohammad Jawed, who argue that the amendment discriminates against Muslims.
On May 22, the Bench, which also includes Justice AG Masih, heard arguments from petitioners and the Centre over three hearings before reserving its order.
Senior advocate Kapil Sibal, representing the petitioners, called the amended Act ‘unconstitutional’ and ‘arbitrary’, objecting specifically to the provision that allows suspension of a Waqf property’s status during investigations.
Senior advocate Rajeev Dhavan added that no external officer has the authority to declare what is essential to a religion.
“Waqf is not just a legal entity but a spiritual and social institution deeply woven into the lives of Muslims,” he said, citing past Supreme Court rulings.
Solicitor General Tushar Mehta argued that Waqf properties serve administrative and secular functions and that Waqf is not essentially a religious practice.
The Centre maintains that the amendment strengthens oversight and prevents misuse of these endowments.
On April 17, the Centre assured the Supreme Court that it would not implement the contentious provisions temporarily, so the Bench headed by then CJI Sanjiv Khanna refrained from ordering a stay.
The Supreme Court’s upcoming decision will clarify the scope and enforceability of the Waqf (Amendment) Act, 2025, amid ongoing concerns about religious and constitutional rights.
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