Supreme Court to hear Waqf petitions, decide on interim order today

The Centre had told the Supreme Court that it would not denotify any waqf properties or make appointments to the Central Waqf Council and boards until May 5

The Supreme Court is set to hear on Monday multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act. The top court will determine whether to issue an interim order on the pleas that argue the Act's provisions violate Article 26, which guarantees freedom in religious affairs.

 

This hearing comes weeks after the central government temporarily suspended two key provisions of the controversial legislation following rigorous questioning by the Supreme Court. The Centre had informed the court on April 17 that it would not denotify any waqf properties -- including those classified as 'waqf by user'-- or make appointments to the Central Waqf Council and boards until May 5.

 

Solicitor General Tushar Mehta, representing the Centre, provided this assurance while informing a three-judge bench led by Chief Justice of India Sanjiv Khanna that the legislation should not be stayed without hearing the government's position.

 

The court noted Mehta's submissions and directed that waqf properties, including those designated as 'waqf by user', that were already registered or declared through notification would remain undisturbed and not be denotified until the next hearing date. It had then granted a week to the Centre to file a preliminary response to the pleas challenging the validity of the law and posted the matter on May 5.

 

What is 'waqf by user'?

 

‘Waqf by user’ refers to properties that have traditionally been used for religious or charitable purposes over a long period, thereby acquiring waqf status, even without a formal declaration from the original owner.

 

According to the amended Act, such properties will retain their waqf classification unless contested or officially recognised as government property. This aims to preserve historical waqf designations while restricting new, potentially unfounded claims.

 

The Ministry of Minority Affairs stated that the amendment is designed to prevent improper or unauthorised claims over properties.

 

Waqf (Amendment) Act, 2025

 

The top court had recently declined to accept any fresh plea against the Waqf (Amendment) Act, 2025, stating it had previously established that only five out of more than 70 litigants would be heard on this matter.

 

The central government notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu's assent on April 5. The legislation was passed in the Lok Sabha with 288 members supporting it and 232 opposing it. In the Rajya Sabha, 128 members voted in favour while 95 voted against.

 

Several opposition parties including the Dravida Munnetra Kazhagam (DMK), Yuvajana Sramika Rythu Congress Party (YSRCP), and Left parties, along with civil society groups such as NGOs and Muslim organisations, have petitioned the Supreme Court challenging the Act's validity.