Supreme Court To Resume Hearing Batch Of Petitions Challenging Constitutional Validity Of Waqf Amendment Bill

NEW DELHI:
The Supreme Court will continue hearing a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on Thursday.

The top court will hear the matter at 2 p.m.

A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan was on Wednesday willing to issue a notice on the petitions and pass a short order.

However, the Centre and some of the states sought time to place their submissions before any interim order is passed.

During the hearing, the court indicated three concerns — the validity of Waqf by user properties declared earlier by court decrees which now may become void, having non-Muslims as majority members in Waqf Council, and pending enquiry by the collector on disputed Waqf property, the declaration that the same will not be treated as Waqf property.

After the conclusion of hearing, CJI Sanjiv Khanna expressed concern over the violence that has broken out in West Bengal against the amendments to Waqf Act.

“One thing is very disturbing is the violence that is taking place. If the matter is pending here it should not happen,” the CJI said.

The Supreme Court proposed to order that the properties declared as Waqf, including “waqf by user”, won’t be de-notified but the Centre opposed the suggestion and sought a hearing before such a directive.

The top court also asked the Centre if Muslims would be allowed to be part of Hindu religious trusts.

“The properties declared by courts as waqf should not be de-notified as waqf, whether they are by waqf-by-user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025,” the bench said.

The top court also said, “All Members of the Waqf boards and central Waqf Council must be Muslims, except the ex-officio members.”

The bench earlier considered referring the pleas to one high court but later heard at length a battery of senior advocates, including Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhawan and Solicitor General Tushar Mehta, who represented the Centre.

The CJI further proposed to pass an order to say that ex-officio members could be appointed regardless of their faith but others had to be Muslims.

The court questioned Mehta on how “waqf by user” can be disallowed as many would not have requisite documents to get such waqfs registered.

“Waqf by user” refers to a practice where a property is recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn’t a formal, written declaration of waqf by the owner.

“How will you register such Waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also. I have gone through privy council judgments also. Waqf by user is recognised. If you undo it then it will be a problem. Legislature cannot declare a judgment, order or decree as void. You can only take the basis,” the bench said.

Mehta submitted that a joint parliamentary committee had 38 sittings and examined 98.2 lakh memorandums before Parliament’s both houses passed it.

The CJI at the start of the hearing said, “There are two aspects we want to ask both the sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue? We are not saying there is any bar on Supreme Court in hearing, deciding pleas against the law.”

Sibal, appearing for the petitioners referred to Waqf Amendment Act and said was challenging the provision that says only Muslims could create waqf.

“How can state decide whether, and how I am a Muslim or not and hence, eligible to create waqf?” Sibal asked.

He added, “How can government say only those who are practising Islam for last five years can create waqf?”

Senior advocate Abhishek Manu Singhvi, who represented some of the petitioners, submitted that Waqf Act would have all India ramifications and pleas should not be referred to the high court.

Senior advocate Huzefa Ahmadi, opposing Waqf Act, said Waqf by user was an established practice of Islam and couldn’t be taken away.

The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both Houses.

The Bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.

As many as 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed, have been filed challenging the validity of the Act.

The Centre, on April 8, filed a caveat in the Supreme Court and sought a hearing before any order was passed in the matter.

A caveat is filed by a party in the high courts and the apex court to ensure that no orders are passed without hearing it.