The Supreme Court of India is scheduled to hear a batch of petitions on May 20, 2025, challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The hearing will focus specifically on whether interim relief is warranted, without addressing the broader constitutional questions at this stage. The three key issues under consideration are

Waqf by User: The Act proposes to remove the provision allowing properties to be recognized as Waqf based on long-standing usage, a practice known as “Waqf by user.”

Nomination of Non-Muslims to Waqf Boards: The Act permits the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, which has raised concerns about the autonomy of these religious bodies.

Identification of Government Land as Waqf Property: The Act empowers district officials to identify and declare government land as Waqf property, a move that has been contested for potentially undermining existing Waqf institutions.

The Centre has defended the Act, asserting that it aims to bring transparency and efficiency to the management of Waqf properties. Solicitor General Tushar Mehta emphasized that the amendments were based on recommendations from a Joint Parliamentary Committee and that the Act does not infringe upon religious freedoms. He also assured the Court that no Waqf properties would be denotified and no appointments would be made to Waqf boards until the next hearing .

The Supreme Court has clarified that it will not entertain any requests to stay the provisions of the original Waqf Act of 1995 during this interim hearing. The focus will remain solely on the amendments introduced in 2025 .

This hearing follows earlier proceedings where the Court had proposed interim directions, including the non-denotification of Waqf properties and restrictions on the suspension of Waqf status during inquiries. The upcoming session is expected to provide clarity on whether any temporary relief is necessary before a full examination of the legal challenges .

Sources