SC to deliver interim order on Waqf Act disputes today
New Delhi: The Supreme Court is set to pronounce its interim orders on Monday in a series of challenges to the Waqf (Amendment) Act, 2025, focusing on three contentious issues that have drawn sharp arguments from both the petitioners and the Centre.
The matter was heard extensively in May, with a bench led by Chief Justice B R Gavai reserving orders on May 22 after three consecutive
days of submissions. According to
the court’s cause list for September 15, the interim ruling will be delivered today.
One of the central questions before the bench concerns the new provisions governing the denotification of properties declared as waqf by courts, through usage, or by deed. Petitioners have argued that these provisions undermine established safeguards.
Another disputed aspect is the composition of state waqf boards and the Central Waqf Council. The challengers contend that these bodies should be composed exclusively of Muslims, except for designated ex-officio members. The third issue involves a clause that excludes properties from being treated as waqf if a collector’s inquiry determines the land belongs to the government.
The Centre, represented by Solicitor General Tushar Mehta, staunchly defended the law, arguing that waqf is a secular concept and that the statute carries the “presumption of constitutionality.” In its filings, the government further asserted that while waqf has Islamic roots, it does not constitute an essential religious practice under Islam.
Senior advocate Kapil Sibal, appearing for the petitioners, described the 2025 amendment as a “complete departure from historical legal and constitutional principles” and warned it enables the state to “capture waqf through a non-judicial process.”
On April 25, the Union Ministry of Minority Affairs filed a 1,332-page affidavit opposing a blanket stay on the law. The affidavit underscored that Parliament had duly passed the measure, which received presidential assent from Droupadi Murmu on April 5 and was notified on April 8. The Lok Sabha cleared the Bill on April 3, followed by the Rajya Sabha on April 4.
