Supreme Court to give interim order on Waqf Act issues on September 15

The Supreme Court will pronounce its interim orders on September 15 on three major issues linked to the Waqf (Amendment) Act, 2025. These include the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed.”

 

A bench led by Chief Justice B R Gavai had reserved its interim orders on May 22 after hearing arguments from both sides over three days. The court’s cause list for September 15 confirms that the order will be delivered on that date.

 

Key issues before the court

 

The petitioners have challenged several provisions of the amended law. The first concerns the power to denotify properties already recognised as waqf. The second relates to the composition of state waqf boards and the Central Waqf Council. Petitioners argue that only Muslims, apart from ex-officio members, should be part of these bodies. The third issue is about a clause stating that a waqf property will not be treated as such if a collector’s inquiry finds it to be government land.

 

Arguments by the petitioners

 

Senior advocate Kapil Sibal, leading the case against the law, described the amendment as a “complete departure from historical legal and constitutional principles” and a way to “capture waqf through a non-judicial process.” Petitioners sought a stay on the three provisions until the final hearing.

 

Centre’s defence

 

Solicitor General Tushar Mehta, appearing for the Centre, strongly defended the Act. The government said waqf, though an Islamic concept, was not an essential part of Islam and should be seen as a secular concept. It also argued that the law carries a “presumption of constitutionality” and cannot be stayed.

 

On April 25, the Union Ministry of Minority Affairs filed a 1,332-page affidavit opposing any “blanket stay” on the law. The ministry maintained that the Waqf (Amendment) Act, 2025, was validly passed by Parliament and had the President’s assent.

 

Passage of the law

 

The amendment received President Droupadi Murmu’s approval on April 5. In the Lok Sabha, 288 MPs voted in favour while 232 opposed it. In the Rajya Sabha, 128 supported the bill and 95 voted against it.