In a crucial development, the Supreme Court of India on
Thursday granted the Central government one week to file its response to a
batch of petitions challenging the constitutional validity of the Waqf
(Amendment) Act, 2025. The apex court also assured that till the next hearing,
scheduled in the week commencing May 5, no waqf property—including those
declared as waqf by user—will be denotified or have its character
altered.
The three-judge bench, comprising Chief Justice of India
Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, took note of the
Centre’s assurance that there will be no appointments made to the Waqf Council
or the Waqf Boards until the matter is heard further.
The top court is hearing several petitions filed against the
recently passed Waqf (Amendment) Act, 2025, which has stirred significant
controversy across the country. On Wednesday, the bench had expressed its
reservations on multiple aspects of the new law, including its provisions that
allow the government to denotify properties previously declared as waqf, the
composition of Waqf boards, and the status of waqf by user.
The court remarked, “We will say that whichever properties
have been declared by the court to be Waqf or held to be Waqf will not be
de-notified as Waqfs or be treated as non-Waqf properties, whether they are by
waqf-by-user or waqf-by-declaration or otherwise... declared by courts or
otherwise also.” CJI Khanna further added that “the government cannot rewrite
history,” in reference to the changes brought about in the law.
The court has decided to club five petitions and list them
under a common heading titled "In Re: Waqf Amendment Act 2025".
These will serve as lead petitions for the case and will be selected by the
petitioners. At the same time, the Supreme Court segregated earlier cases filed
by Hindu parties challenging the Waqf Acts of 1995 and 2013 from the current
proceedings.
The batch of petitions challenging the Waqf (Amendment) Act
includes pleas from prominent political leaders and organisations. Among them
are AIMIM leader Asaduddin Owaisi, AAP leader Amanatullah Khan, and RJD leader
Manoj Kumar Jha. Various civil rights groups and religious organisations,
including the All India Muslim Personal Law Board (AIMPLB), Jamiat
Ulama-i-Hind, Samastha Kerala Jamiathul Ulema, and the Association for the
Protection of Civil Rights, are also among the petitioners.
Political parties such as the Dravida Munnetra Kazhagam
(DMK), the Communist Party of India (CPI), Tamilaga Vettri Kazhagam led by
actor-turned-politician Vijay, and the YSR Congress Party have also approached
the top court with concerns regarding the new law.
In Wednesday’s session, the bench hinted at the possibility
of an interim order pausing parts of the law’s implementation, especially those
sections relating to the reclassification of Waqf properties and the control of
their administration. However, the bench refrained from passing such an order
immediately, instead giving the Centre and state governments a chance to
respond.
With just a week remaining for all parties to file their
responses, the legal and political spotlight is now firmly on the Supreme Court
as it prepares to take up the matter again in early May. The outcome could have
significant implications not only for the administration of waqf properties but
also for broader constitutional questions regarding minority rights, religious
freedom, and government powers.