The Supreme Court of India has scheduled a hearing for May 20 to consider interim relief on key issues related to the Waqf (Amendment) Act, 2025. These include the controversial concept of ‘Waqf by user’, the appointment of non-Muslims to Waqf Councils and Boards, and the classification of government land as Waqf property. The court clarified that it will not entertain challenges to the original Waqf Act, 1995, by Hindu petitioners during this session. Solicitor General Tushar Mehta assured the court that the Centre will not implement the new provisions for now, and both sides will be given two hours each for arguments.
The Waqf (Amendment) Act, passed in early April and now law, modifies the 1995 Act that oversees properties designated for Islamic religious or charitable use. Multiple petitions have challenged the new law, arguing it infringes upon Article 26 of the Constitution, which grants religious communities the right to manage their own affairs. Opposition leaders like Mohammad Jawed and Asaduddin Owaisi are among the petitioners. Meanwhile, six BJP-led states have backed the amendment, citing potential legal and administrative issues if the law is overturned.
The Centre defended the amendments, saying they aim to prevent the misuse of Waqf laws, particularly after a sharp increase in reported Waqf land since 2013. The government emphasized the need for formal registration to prevent baseless claims over land. On the concept of ‘Waqf by user’, the affidavit argued that even historically accepted religious use must meet legal registration requirements. The amendment also reasserts that Waqf-related decisions must follow due process, ensuring judicial oversight and transparency in how such property is identified and managed.
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