The Supreme Court is currently hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. During the proceedings on May 20, 2025, the Central government, represented by Solicitor General Tushar Mehta, urged the court to confine the hearing to three specific issues for the purpose of passing interim orders. This request was met with strong opposition from senior advocates Kapil Sibal and Abhishek Manu Singhvi, who are representing the petitioners challenging the Act.
The three issues that the Centre wants the court to focus on are: the power to denotify properties declared as waqf by courts, waqf-by-user, or waqf by deed; the composition of state waqf boards and the Central Waqf Council, specifically regarding the inclusion of non-Muslim members; and a provision stating that a waqf property will not be treated as such if a government-appointed collector, upon inquiry, determines it to be government land. The Centre argues that it has already filed a detailed response to these three issues and believes that limiting the hearing's scope will allow for a more efficient resolution.
However, Sibal and Singhvi contend that the challenge to the Waqf Amendment Act cannot be heard in a "piecemeal" manner. They argue that the Act involves fundamental constitutional questions that require a comprehensive hearing. Sibal emphasized that the law must be examined in its entirety and that dissecting the challenge is not appropriate. He further argued that the 2025 amendments constitute a "creeping acquisition" of waqf properties by the Centre, infringing upon the rights of Muslims to manage their religious affairs.
Sibal also raised concerns about the lack of due process in waqf property inquiries and highlighted the extent of executive interference under the 2025 Act. He pointed out that if any government body or local authority raises a dispute over a waqf property, the property automatically loses its waqf status. Sibal clarified that before 1923, registration of waqf-by-user was not required, but after 1923, registration became mandatory for all waqfs. He underscored that the amendments violate the fundamental right to manage religious affairs.
The Waqf (Amendment) Act, 2025, was notified last month after receiving President Droupadi Murmu's assent on April 5. The bill was passed in the Lok Sabha with 288 members in favor and 232 against, and in the Rajya Sabha with 128 members in favor and 95 against. The Act has faced opposition from various political leaders and Muslim bodies, who have filed petitions challenging its validity. They contend that the amendments infringe upon the rights of Muslims and lead to arbitrary vesting of public and private properties in Waqf Boards without adequate notice or opportunity for affected parties to contest such decisions.
The Supreme Court has acknowledged the urgency of the matter and indicated that it may pass interim directions after considering the preliminary submissions. The court's decision on whether to confine the hearing to the three issues proposed by the Centre or to conduct a comprehensive review of the Act will have significant implications for the future of waqf properties and the management of Muslim religious affairs in India.
