Supreme Court To Hear Pleas Challenging Waqf Amendment Act On Tuesday For Interim Relief

A Bench of Chief Justice of India B.R. Gavai and Justice George Augustine Masih while adjourning the matter, observed, " We will not consider any request to hear a challenge against provisions of 1995 Act...We are making it clear...Just because 2025 Act is considered here...cannot make those points now...". The Court made the said observation while Counsel for parties challenging provisions of the 1995 Act, as well as the 2025 amendment, as violative of the rights of people of other religions, sought allocation of time to make submissions on the next date.

The Court directed parties to submit their respective written submissions before the next date of hearing.

Among others, Senior Advocate Kapil Sibal appeared for the Petitioners, while Solicitor General Tushar Mehta represented the Union.

SG Mehta submitted before the Court that both sides needed more time to conclude their arguments and added that a consolidated note would also be filed.

The matter was earlier listed before a Bench led by then Chief Justice Sanjiv Khanna and Justice Sanjay Kumar. Following Justice Khanna’s retirement on May 13, 2025, the case is now being heard by a Bench led by CJI Gavai.

The Court is hearing the matter with respect to the issue of interim relief earlier granted. On April 17, 2025, the Court had recorded the Centre’s statement that, pending the outcome of the case, no appointments would be made to the Waqf Boards or the Central and State Waqf Councils under Sections 9 and 14 of the Act.

Further directions were issued, requiring the Union of India and the Waqf Boards to file their responses within seven days, with rejoinders to be filed within five days. The Court had also ordered that until further hearing, no waqf properties, particularly those declared or registered by user, shall be disturbed, and no denotifications or alterations would be permitted.

The Union has since filed a detailed preliminary counter affidavit, asserting that the Waqf (Amendment) Act, 2025 is a legitimate exercise of legislative authority aimed at improving transparency, curbing misuse, and regulating the expanding scope of waqf properties.

The legislation was passed in both Houses of Parliament after extensive debates spanning over 12 hours and received the assent of President Droupadi Murmu.

Concluding the discussion in Parliament, Union Minority Affairs Minister Kiren Rijiju stated, “The word 'secular' is being misused. India is secular not because of law, but because the majority in India is secular. That is what separates India from Pakistan and Bangladesh.” He dismissed the suggestion that the law seeks to divide Muslims, asserting instead that it “unites all sects within the Muslim community.”

Cause Title: In Re The Waqf (Amendment) Act, 2025 (W.P.(C) No. 276/2025)