On Monday, a Supreme Court Bench, led by Chief Justice of India BR Gavai, is likely to announce its verdict on a stay of the Waqf (Amendment) Act, 2025.
Petitioners have strongly criticised the legislation, while the Union government maintains that it aims to prevent the misuse of Waqf properties and ensure greater transparency in their management.
The Bench, which includes Justice AG Masih, concluded hearings on 22 May after three sessions of arguments from both the petitioners and the government, and reserved its order thereafter.
Several parties, including AIMIM MP Asaduddin Owaisi and Congress MP Mohammad Jawed, have challenged the validity of the amended Act, which received Presidential assent and came into effect on 5 April 2025.
Petitioners argue that the amendment is discriminatory and disproportionately impacts the Muslim community.
Senior advocate Kapil Sibal, representing the petitioners, criticised the amended law as ‘unconstitutional’ and ‘arbitrary’, highlighting a provision that permits suspension of a property’s Waqf status during ongoing investigations.
Senior advocate Rajeev Dhavan, appearing for the petitioners, stressed the religious and social significance of Waqf in Muslim life.
“Waqf is not just a legal entity, but a spiritual and social institution deeply woven into the lives of Muslims,” Dhavan said, referencing prior Supreme Court rulings.
He further contended that no external authority or official should have the power to decide what qualifies as an essential religious practice.
On the other side, Solicitor General Tushar Mehta, the government’s second-highest law officer, contended that Waqf is not inherently a religious practice.
He asserted that Waqf boards managing such properties perform secular and administrative roles.
The amendment modifies the Waqf Act, 1995, to regulate Waqf properties – religious endowments or assets dedicated solely for religious or charitable purposes under Islamic law.
On 17 April, a Bench headed by then CJI Sanjiv Khanna refrained from staying the Act after the Centre assured the Court that the disputed provisions would not be enforced temporarily.
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