Supreme Court scrutinizes Waqf (Amendment) Act, 2025, with status quo maintained until May 5. Key concerns include waqf properties, non-Muslim participation in boards, and registration process.
SC SCRUTINIZES WAQF (AMENDMENT) ACT, 2025 | STATUS QUO TO CONTINUE TILL MAY 5
CASE IN NEWS
Supreme Court paused appointments and de-notifications under the new Waqf Act pending a constitutional review.
OVERVIEW
CASE NAME: ASADUDDIN OWAISI vs. UNION OF INDIA
The Supreme Court is examining a slew of petitions that challenge the constitutional validity of the Waqf (Amendment) Act, 2025. In a significant development during the latest hearing, Solicitor General Tushar Mehta assured the Court that:
- No non-Muslim individuals will be appointed to the Central Waqf Council or State Waqf Boards under the amended provisions.
- No waqf properties, including those established by long-standing usage (waqf-by-user), whether registered or notified, will be de-notified until the next hearing.
These assurances were officially recorded by the Court, maintaining the existing legal position until further proceedings.
JUDICIAL CONCERNS
The CJI Sanjiv Khanna-led Bench, also comprising Justices Sanjay Kumar and KV Viswanathan, voiced serious concerns over the amendments:
- Whether waqf-by-user properties—some centuries old—could suddenly be subjected to documentation and registration.
- To the fairness of the denial of waqf status to a property while a government-appointed officer examines whether it is public land.
- Whether allowing non-Muslim participation in religious boards infringes the community’s right to manage its affairs in religious matters.
The Court emphasized that though it does not ordinarily stay legislation, maintaining the status quo was essential to prevent irreversible consequences.
LEGAL PROVISIONS
- Article 26(b): Right of religious denominations to manage religious affairs.
- Section 3(r): Re-defines waqf, omits waqf-by-user.
- Section 3C: Waqf status denied to properties under dispute as govt land.
- Section 36: Abolishes waqf-by-user unless registered.
- Section 61: Introduces 2-year limitation for waqf claims.
- Section 3A(2): Alters waqf-alal-aulad inheritance, ensures women’s rights.
- Section 7A: New claim process can take decades, lacks safeguards.
- Proviso to Section 2A: Overrides earlier court declarations.
- Prohibition: Creation of waqf on ASI-protected monuments or scheduled areas.
PETITIONERS’ ARGUMENTS (Kapil Sibal & others)
- Ancient waqfs can’t be expected to produce modern deeds.
- Denying waqf status during inquiry is unjust.
- Non-Muslim inclusion violates autonomy of religious institutions.
- Time-barred waqf claims penalize historical endowments.
- Collector’s power to override courts undermines rule of law.
UNION’S ARGUMENTS (SG Tushar Mehta)
- Law aims to curb large-scale misuse and unlawful occupation of public land.
- Amendments are backed by public feedback and legislative intent.
- Registration is crucial for transparency and governance.
- Government will file affidavit; no interim relief justified without full hearing.
POLITICAL AND PUBLIC RESPONSE
Multiple opposition leaders, religious bodies, and civil rights organisations have joined as petitioners. Meanwhile, BJP-led States like Assam, Rajasthan, and Haryana have supported the amendments.
WAY FORWARD
The Supreme Court has termed the issue as ‘In Re: Waqf Amendment Act’ which defined its constitutional importance. The case will be heard further on May 5 at 2 PM, whereafter the Union will present its formal response.
SOURCE: TWITTER
ALSO READ: DMK FILES WRIT IN SUPREME COURT CHALLENGING WAQF (AMENDMENT) ACT, 2025
