The Supreme Court has given the Centre one week’s time to respond to petitions against the Waqf (Amendment) Act, 2025, seeking to ensure that waqf properties remain unchanged.
The Supreme Court on Thursday gave the Centre one week’s time to file its response on petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The apex court took note of the Centre’s assurance that till the next date of hearing, waqfs, including ‘user owned waqfs’ declared or registered by notification, will neither be de-notified nor their character will be altered.
Further, the Centre made a statement that no appointments will be made to the Waqf Council or Waqf Boards.
A three-judge bench of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan resumed hearing the case at 2 pm on Thursday.
The apex court has fixed the next date of hearing in the week beginning May 5 when replies will be filed by the Centre, the state and the petitioners opposing the law. The court has directed five petitions to be selected as main petitions which will be decided by the petitioners.
The Supreme Court separated the cases filed by Hindu parties challenging the earlier waqf laws of 1995 and 2013. It also directed that all the five petitions challenging the 2025 Act be listed under a common heading “Regarding the Waqf Amendment Act 2025”. On Wednesday, the apex court bench had expressed its concern over the law. It questioned three aspects of the law – the status of properties declared ‘user by waqf’ under earlier court orders, majority presence of non-Muslim members in the Waqf Council and Waqf Boards and not allowing a property to be operated as a waqf property if it is disputed as a government plot.
The apex court said it was inclined to pass an interim order to stay the implementation of the law on these aspects. However, the bench agreed to give the Centre and states an opportunity on Thursday, when the matter is next heard.
What the Supreme Court said on Wakf Act on April 16
“We will say that whatever properties are declared as wakf by the court or deemed to be wakf shall not be notified as wakf or shall not be treated as non-wakf property, whether by wakf by user or by wakf by declaration or otherwise…declared by courts or otherwise also,” the bench said.
CJI Sanjiv Khanna had said that “the government cannot rewrite history” through the changes brought about by amendments to the wakf law, referring to the scope of the new act to notify properties declared as wakf long ago.
Who has filed the petitions?
The Supreme Court is hearing a number of petitions, including a plea by AIMIM leader Asaduddin Owaisi, against the constitutional validity of the Waqf (Amendment) Act, 2025, recently passed by Parliament.
Apart from Owaisi’s plea, the apex court has listed for hearing petitions filed by Aam Aadmi Party leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samasta Kerala Jamiatul Ulema, Anjum Qadri, Tayyab Khan Salmani, Mohammed Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha.
The YSRCP led by former Andhra Pradesh chief minister Jagan Mohan Reddy, the Communist Party of India (CPI), Tamilaga Vetri Kazhagam chief and actor-turned-politician Vijay have also moved the apex court on the issue. The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-e-Hind, Dravida Munnetra Kazhagam (DMK), Congress MP Imran Pratapgarhi and Mohammed Javed are the other prominent petitioners.
