The Supreme Court of India is scheduled to pronounce its interim order on Monday, September 15, 2025, regarding the constitutional validity of the Waqf Amendment Act, 2025. A bench headed by Chief Justice of India B R Gavai and Justice Augustine George Masih had reserved its order on May 22, 2025, after hearing arguments for three days. The petitions challenge the constitutionality of the changes made to the Waqf law by the Parliament in 2025.

The court's decision is expected to address key legal and procedural concerns raised during the hearings. These concerns primarily revolve around three aspects of the Waqf Amendment Act: the concept of "waqf by user," the inclusion of non-Muslim members in Waqf boards and councils, and the authority of District Collectors in inquiry processes.

Waqf by User

"Waqf by user" refers to the historical practice of recognizing a property as a Waqf based on its long-term, uninterrupted use for religious or charitable purposes, even without a formal written declaration. The Waqf Amendment Act, 2025, has removed this provision, leading to concerns that properties traditionally recognized as Waqf based on this custom may lose their status. Critics fear that this change could result in the loss of existing Waqf properties and increase litigation. The Supreme Court is expected to clarify whether properties already declared as Waqf by a court, through usage or formal deed, can be de-notified while the matter is under judicial consideration. The Centre has stated that 'waqf by user' has been recognised only upon registration for the past 100 years and not by word of mouth.

Inclusion of Non-Muslims

Another point of contention is the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards. The Court has questioned the legality of appointing non-Muslims to these bodies, considering constitutional rights and principles. Union Home Minister Amit Shah clarified that non-Muslims would be included only in administrative roles, not in managing religious activities. He stated that their role would be to oversee the administration of property donated under Waqf Law. However, some Muslim MPs have objected to this provision, arguing that it interferes with the religious affairs of the community. The Union had undertaken that non-Muslims would not be appointed to the State Waqf Boards and the Central Waqf Councils during the pendency of the matter.

Role of District Collector

The amended provisions grant the District Collector the authority to inquire whether a property qualifies as Waqf or government land. During this inquiry, the property is not to be treated as Waqf land. The court is expected to address concerns regarding the role of the District Collector during the enquiry process.

The Centre has assured that no Waqf properties, including those established by user, would be de-notified. The Ministry of Minority Affairs filed an affidavit defending the amended Waqf Act, asserting its constitutional validity. The Centre has opposed any blanket stay on the law, emphasizing the presumption of constitutionality for laws passed by Parliament. Solicitor General Tushar Mehta argued that mere legal propositions or hypothetical arguments were insufficient to stay the law's operation. He also claimed that Waqf management had misused monuments, leading to unauthorized alterations.

The Waqf Amendment Act, 2025, was introduced to amend the Waqf Act, 1995, with the aim of improving the management and administration of Waqf properties. The Act seeks to rename the Waqf Act, 1995, as the "Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995". It incorporates recommendations from the Joint Parliamentary Committee, aiming to promote gender equality and sectarian inclusivity. The Act empowers the Central Government to create rules for Waqf registration, auditing, and accounts, ensuring transparency and accountability.