New Delhi: — The Supreme Court of India has commenced hearings on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, a legislation that has sparked sharp legal, political, and communal debates across the country. A bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, is examining over 70 petitions filed by political leaders, religious bodies, civil society groups, and individuals.
During the hearing, Solicitor General Tushar Mehta, representing the Union government, defended the legislation, stating that the Centre had received “lakhs of representations” highlighting concerns over large swathes of land, including entire villages, being declared as Waqf properties without adequate legal clarity.
“This is not a matter that can be dealt with lightly,” Mehta argued, while requesting a week’s time to file a detailed preliminary reply along with supporting documentation. The bench accepted this request, directing the Centre to file its response within seven days.
Importantly, the Centre assured the court that until the next hearing, it would not make any new appointments to the Central Waqf Council or State Waqf Boards. It also agreed that no Waqf property—including those designated as ‘Waqf by user’—would be denotified or altered during the interim period.
The court is examining critical clauses of the amended Act, particularly the removal of the “Waqf by user” provision—a category under which properties used for religious or public purposes over time were recognized as Waqf without formal documentation. Critics argue that its removal could de-recognize mosques, graveyards, and other religious endowments used historically by Muslim communities.
Another contentious change is the inclusion of non-Muslim members in the Waqf Boards and Council, which has drawn questions from the bench. “Would the government allow Muslims to be members of Hindu religious trusts?” the court asked, highlighting potential violations of Article 26, which guarantees religious denominations the right to manage their own affairs.
The legislation has triggered significant backlash from opposition leaders and regional parties. AIMIM’s Asaduddin Owaisi, Congress MP Imran Pratapgarhi, TMC MP Mahua Moitra, and others have termed the law “unconstitutional” and “an attempt to usurp minority rights.” PDP chief Mehbooba Mufti drew parallels to past controversial rulings and urged the court to consider the emotional and historical significance of Waqf properties to Muslims.
In contrast, Union ministers including Kiren Rijiju and BJP MP Jagdambika Pal defended the amendments, citing recommendations from past committees like the Sachar Committee and K. Rahman Khan report, which emphasized better management and accountability of Waqf assets.
The court, while noting that certain provisions in the law were “positive,” made it clear that no change in the status quo will be allowed until the matter is thoroughly examined. A further hearing is scheduled for May 5, 2025, when the Centre’s detailed response will be taken up.
As the battle over land, law, and faith unfolds in courtrooms and public discourse, the Waqf Amendment Act has become a flashpoint in India’s ongoing dialogue on secularism, minority rights, and federalism. The stakes are high—for legal precedent, for community identity, and for the very interpretation of religious freedom in a democratic society
