SC Seeks Centre’s Reply on Waqf Law Challenge; Next Hearing on May 5

The Supreme Court on Wednesday began hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which recently amended the Waqf Act, 1995. The new law pertains to the regulation and management of waqf properties—religious endowments dedicated for religious or charitable purposes under Islamic law.

A three-judge bench comprising Chief Justice of India Sanjiv Khanna, and Justices PV Sanjay Kumar and KV Viswanathan is hearing the matter.

While several petitioners have alleged that the amendment discriminates against the Muslim community and interferes with the management of waqf properties, six BJP-ruled states have supported the amendment and have also approached the court.

During the proceedings, Solicitor General Tushar Mehta, representing the Union government, requested the court to grant time for filing a short preliminary reply and placing relevant documents on record. He submitted that the issues raised require a contextual reading of past legislation and amendments and should not be assessed solely on a prima facie basis.

The Bench clarified that it is not passing a final order at this stage but is only considering interim relief and ensuring that no changes are made to the existing situation.

The Chief Justice stated that while a complete stay on the amendment is not being considered, the court intends to maintain the present status to avoid any disruption until the matter is further heard.

Key Directions by the Supreme Court:

• The Union of India, State Governments, and Waqf Boards have been directed to file their replies within 7 days.

• Rejoinders by petitioners must be filed within 5 days of receiving the replies.

• No appointments to the Waqf Boards or Councils shall take place under the 2025 Amendment Act until further orders.

• The status of existing waqf properties, including those registered under the 1995 Act or declared by user, shall remain unchanged.

• The matter will now be listed as “In Re: Waqf Amendment Act”.

• The Court directed that only five lead petitioners be selected to represent the broader group of petitioners during future hearings.

• Other petitions may be treated as connected applications.

• The court asked parties to identify lead cases, and those challenging the original 1995 Act and 2013 amendments will be heard separately.

The next hearing has been scheduled for May 5, 2025, and will be limited to further directions and any interim orders if required.

Also Read: Supreme Court Concludes Hearing on Waqf Act, Verdict Deferred