The Supreme Court on Thursday reserved its interim order on three key points, together with whether or not properties declared as “waqf by courts, waqf-by-user, or waqf by deed” may be denotified, after listening to a batch of petitions difficult the constitutional validity of the Waqf (Amendment) Act, 2025.
A bench led by Chief Justice of India BR Gavai and Justice AG Masih concluded hearings after three days of marathon arguments from senior advocates Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi on behalf of these against the amended waqf legislation and Solicitor General Tushar Mehta, representing the Centre.
The Centre firmly defended the Act, arguing that waqf is inherently a “secular concept” and subsequently shouldn’t be stayed, citing the “presumption of constitutionality” that helps the laws.
Senior advocate Kapil Sibal, representing the petitioners, criticized the Waqf (Amendment) Act, 2025 as a “full departure from historic authorized and constitutional ideas.” He argued that the legislation facilitates the “seize of waqf properties via a non-judicial course of.” “This is a case concerning the systematic seize of waqf properties. The authorities can not dictate what points may be raised,” Sibal mentioned.
Petitioners sought interim aid on three key points:
At the present stage, the petitioners requested interim orders on three vital considerations: Petitioners challenged the ability granted below the Act to denotify properties which were declared waqf by courts, via utilization (waqf-by-user), or by deed.
They additionally opposed the present construction of state waqf boards and the Central Waqf Council, insisting that solely Muslims, aside from ex-officio members, ought to handle these our bodies.
The third subject pertains to a provision that enables a property to not be handled as waqf if a district collector conducts an inquiry to determine whether or not the property is authorities land.
Centre opposes keep, defends constitutionality of Act
In response, the Union Ministry of Minority Affairs submitted an in depth preliminary affidavit on April 25, stretching over 1,332 pages. The Centre defended the amended legislation and opposed any “blanket keep” by the Supreme Court, citing the “presumption of constitutionality” that applies to legal guidelines enacted by Parliament.
The Waqf (Amendment) Act, 2025 was formally notified final month following the President’s assent on April 5. The invoice was handed within the Lok Sabha with 288 votes in favour and 232 in opposition to. In the Rajya Sabha, it obtained 128 votes in help and 95 opposing it.
(With PTI inputs)
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