Supreme Court Reserves Interim Orders in Challenge to Waqf Amendment Act 2025

The Supreme Court reserves interim orders in petitions challenging the Waqf (Amendment) Act, 2025. CJI Gavai and Justice Masih identify key issues on waqf by user, non-Muslim nominations, and government-declared waqf lands.

In a pivotal development, the Supreme Court of India on Thursday reserved its interim orders in petitions challenging the validity of the Waqf Amendment Act 2025. A two-judge Bench headed by Chief Justice of India B.R. Gavai and Justice A.G. Masih heard arguments exclusively for interim relief before deferring its decision.

Bench’s Key Concerns

The Bench identified three critical issues for consideration during the interim stage:

1. Waqf by User: Whether properties deemed as “waqf by user” can be de-notified or reclassified by the Centre without judicial oversight.
2. Nomination of Non-Muslims: The constitutional validity of nominating non-Muslim members to the Central Waqf Council and State Waqf Boards.
3. Government Land as Waqf: The power of the government to declare erstwhile government land as Waqf property under the amended Act.

Background of the Stay Undertaking

On April 17, after hearing preliminary submissions, the Supreme Court declined to issue any interim orders, accepting an assurance from the Union Government. The Centre undertook not to:

• Appoint any new members to the Central Waqf Council or State Waqf Boards.
• De-notify existing waqf properties, including those declared by notification or gazette as “waqf by user” or “waqf by deed.”

This standstill was intended to maintain the status quo pending full judicial scrutiny of the Amendment Act’s constitutional provisions.

Petitioner’s Arguments

Senior advocate Kapil Sibal, representing the petitioners, argued that activating the challenged provisions would inflict “irreparable injury” on numerous waqf bodies and beneficiaries. He warned that unilateral government action could upend centuries-old charitable trusts, displacing vulnerable communities that depend on waqf properties for education, health, and livelihood.

“Once these provisions come into force, there will be no remedy to restore community trust assets,” Sibal emphasized, urging the Court to grant immediate interim relief.

Government’s Standpoint

Solicitor General Tushar Mehta defended the 2025 Amendment Act, asserting that its scope is strictly confined to secular administration of waqf properties.

“This amendment does not alter the religious character of waqf institutions,” Mehta told the Court, “but merely streamlines governance, transparency, and accountability in line with constitutional mandates.”

Court’s Observations on Interim Relief

While reserving its orders, the Bench underscored the well-settled legal principle of “presumption of constitutionality” in favour of statutes duly enacted by Parliament. Addressing Mr. Sibal, the Court noted:

“For interim relief, you must demonstrate a very strong and glaring case. Absent that, the presumption of validity remains intact.”

This remark highlighted the high threshold petitioners must meet to secure temporary suspension of the Amendment Act’s provisions.

What Happens Next?

The Supreme Court will now peruse detailed submissions on the three identified issues before pronouncing interim orders. A final hearing on the merits is expected in the coming weeks, during which both sides will present exhaustive arguments on the Amendment’s constitutional compatibility.

The Supreme Court’s measured approach—balancing the urgent concerns of waqf beneficiaries against the statutory presumption of constitutionality—demonstrates its commitment to safeguarding both community interests and legislative intent. Stakeholders nationwide await the interim orders, which will set the tone for the full adjudication of the Waqf Amendment Act 2025.