The Supreme Court will on Monday decide whether to issue an interim order on a batch of petitions challenging the Waqf Amendment Act, 2025. The petitioners argue that the Act interferes with the religious character of waqf institutions and violates Article 26 of the Constitution, which guarantees the right to manage religious affairs.
A three-judge bench led by Chief Justice Sanjiv Khanna—who is set to retire on May 13—faces a tight window to conduct hearings that are expected to be lengthy and complex. Over 150 petitions have been filed, with the court selecting five as lead cases under the title In Re: The Waqf Amendment Act to streamline arguments.
The Union government has submitted a 1,332-page affidavit defending the law as “secular and necessary to curb misuse of waqf properties”. It argues that the mandatory registration of all waqfs, including those established by Waqf by User, is not a new provision but has existed for over a century. The Centre insists the 2025 amendments are essential to rectify “irregularities introduced by the 2013 amendment”, which it claims enabled large-scale encroachments of private and government land.
The Ministry of Minority Affairs has asked the Court to maintain the presumption of constitutionality in favor of the legislation and to refrain from issuing a stay. It has also addressed the three contentious provisions flagged by the Court: documentation requirements for waqf property, inclusion of non-Muslims in waqf bodies, and rules around government land being classified as waqf.
The affidavit highlights a sharp rise in waqf land holdings—from 18.3 lakh acres before 2013 to 39.2 lakh acres afterward—as evidence of the need for reform.
Meanwhile, political reactions continue. Chhattisgarh Chief Minister Vishnu Deo Sai claimed the law would safeguard tribal lands from encroachment, while BJP MP Anurag Thakur criticized the Waqf Board in connection with a mosque demolition in Shimla. Congress MP Imran Masood expressed hope in the Supreme Court’s verdict.
- News Deskhttps://thekashmiriyat.co.uk/author/kashmiriyat/
- News Deskhttps://thekashmiriyat.co.uk/author/kashmiriyat/
- News Deskhttps://thekashmiriyat.co.uk/author/kashmiriyat/
- News Deskhttps://thekashmiriyat.co.uk/author/kashmiriyat/
