Lagatar24 Desk
New Delhi: The Supreme Court on Monday postponed the hearing on a batch of Public Interest Litigations (PILs) challenging the constitutionality of the Waqf (Amendment) Act, 2025 to May 15. The case will be heard by a bench led by Chief Justice-designate B R Gavai, as current CJI Sanjiv Khanna is set to retire on May 13.
Interim order requires longer hearing
During the brief hearing, CJI Khanna said the issues raised by the Centre around waqf property registration require detailed consideration. “I do not want to reserve any judgment or even interim order at this stage,” he said. Senior advocates Kapil Sibal and A M Singhvi, appearing for the petitioners, and Solicitor General Tushar Mehta, representing the Centre, agreed to list the matter before Justice Gavai’s bench.
Challenges to key provisions, Centre’s defence
The PILs—including one filed by AIMIM chief Asaduddin Owaisi—challenge aspects of the amendment like the provision allowing non-Muslim members in the Central Waqf Council and boards, and the concept of ‘waqf by user’. The Centre, in a 1,332-page preliminary affidavit, opposed any blanket stay, claiming the law respects religious practices and that interference could result in a “legislative regime by judicial order”.
The affidavit argued that ‘waqf by user’—recognition of waqf based on long-term usage—has existed since 1923, and accused individuals and organisations of misusing the concept to claim private and public lands. It flagged a 116% increase in waqf land since the 2013 amendment, calling it “shocking”.
Petitioners allege misuse and flawed data
The All India Muslim Personal Law Board (AIMPLB) alleged the Centre submitted incorrect data and demanded action against officials for “false affidavits”. The court had earlier refused to admit fresh pleas, limiting arguments to five main petitions. Meanwhile, the Centre paused denotification of waqf properties and new board appointments till May 5, after a prior court hearing raised probing questions.
Legislative and political context
The Waqf (Amendment) Act, 2025 was passed with clear majorities in both Houses—288 votes in favour in Lok Sabha and 128 in Rajya Sabha. President Droupadi Murmu gave her assent on April 5. The Centre maintains the law was passed with due deliberation and is essential for reforming waqf property governance.
