The Supreme Court on Thursday granted the Centre a week’s time to file a response to the petitions challenging constitutional validity of Waqf (Amendment) Act, 2025.
The Supreme Court noted assurance of the Centre that till next date of hearing, wakf, including ‘waqf by user’, which is declared by notification or registered, will neither be denotified nor its character changed.
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Further, the Centre gave a statement that no appointments will be made to the Waqf Council or Waqf boards.
A three-judge bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan resume hearing the case at 2pm on Thursday.
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The top court fixed the next date of hearing in the week commencing May 5 by when the responses of Centre, states and petitioners opposing the Act will be filed. The court directed five petitions to be selected as lead petitions that will be decided by the petitioners.
The Supreme Court segregated the cases filed by Hindu parties challenging the earlier Waqf laws of 1995 and 2013. It also directed that all the five petitions challenging the 2025 Act will be listed under a common heading “In Re: Waqf Amendment Act 2025”.
{{/usCountry}}The Supreme Court segregated the cases filed by Hindu parties challenging the earlier Waqf laws of 1995 and 2013. It also directed that all the five petitions challenging the 2025 Act will be listed under a common heading “In Re: Waqf Amendment Act 2025”.
{{/usCountry}}On Wednesday, the top court bench had expressed its concerns over the law. It questioned three aspects of the statute - the status of ‘Waqf by user’ properties declared so under earlier court orders, the majority presence of non-Muslim members in the Waqf Council and Waqf Boards and disallowing a property from operating as waqf property if it is disputed as a government plot.
The apex court said it was inclined to pass an interim order pausing the operation of the law on these aspects. However, the bench agreed to give the Centre and states an opportunity on Thursday, when the case is due to be heard next.
What Supreme Court said on Waqf Act on April 16
The bench said,"We will say that whichever properties have been declared by the court to be Waqf or held to be Waqf will not be de-notified as Waqfs or be treated as non-Waqf properties, whether they are by Waqf-by-user or waqf-by-declaration or otherwise... declared by courts or otherwise also."
CJI Sanjiv Khanna had observed that "government cannot rewrite history" through the changes brought in by the amendments to Waqf law while referring to the scope under the new Act to de-notify properties declared as Waqf long ago.
Who have filed the petitions?
The Supreme Court is hearing a batch of petitions, including AIMIM leader Asaduddin Owaisi's plea, against the constitutional validity of the Waqf (Amendment) Act, 2025 recently cleared by Parliament.
In addition to Owaisi's petition, the top court listed for hearing the petitions filed by Aam Aadmi Party leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha.
The YSRCP-led by former Andhra Pradesh chief minister Jagan Mohan Reddy, the Communist Party of India (CPI), Tamilaga Vettri Kazhagam chief and actor-turned-politician Vijay have also moved the top court on the issue.
The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed are other key petitioners.