Waqf Law Showdown: Supreme Court Sets Date

On Monday, the Supreme Court posted petitions contesting the constitutionality of the Waqf Amendment Act, 2025, for consideration by a bench led by Chief Justice of India (CJI)-designate B R Gavai on May 15, the day Chief Justice Sanjiv Khanna would have retired.Chief Justice Sanjiv Khanna stated that even an interim order requires a lengthy hearing.The Centre has raised points on waqf property registration, which require detailed court consideration. CJI Khanna, who will retire on May 13, has stated that he does not wish to reserve any judgment or interim order at this stage.

The three-judge bench of CJI Sanjiv Khanna, J Sanjay Kumar & J KV Viswanathan has heard five petitions titled In Re the Waqf (Amendment) Act, 2025 and related fresh pleas. The government halted two key aspects of a controversial law due to probing questions from the top court, stating it would not denotify waqf properties or make appointments until May 5. The Central Waqf Council and its boards are open to non-Muslims, but the Centre contested the court’s temporary order prohibiting the denotation of Waqf properties.

Solicitor general Tushar Mehta reassured the Supreme Court that Parliament’s law should not be halted without a government hearing, opposing the court’s proposal to denotify Waqf properties. The top court has upheld Mehta’s submissions, stating that waqf properties registered or declared by notification will not be disturbed or denotified until the next hearing.

The Centre opposed a blanket ban on the Waqf law, citing its extensive misuse under previous legislations and complaints about encroachment of government and private land. The All India Muslim Personal Law Board denies allegations that the government suppressed information about waqf properties, citing the Waqf Asset Management System of India (WAMSI) portal, which updates properties registered before 2013. The board argues that new waqf properties were added after 2013.

The Centre defended the inclusion of non-Muslims in Waqf Councils and Boards, asserting that the law respects Muslim religious practices, maintains faith and worship, and regulates secular aspects of waqf management. The bench also raised questions about Muslims’ inclusion in Hindu endowments. The Centre’s assertions, contested by Muslim scholars, parliamentarians, religious bodies, and opposition parties, were challenged by the petitioners who argued that waqf, which includes charitable purposes like education and healthcare, should include non-Muslims in Waqf Boards and Councils.

The petitioners argued that state laws on Hindu endowments serve charitable purposes, such as managing schools, colleges, hospitals, orphanages, and rest houses. The Centre accused them of intentionally misleading the court by claiming that waqfs without documentation would be affected, claiming it was untrue and false.