SC lists pleas challenging Waqf Act's validity before bench headed by new Chief Justice B R Gavai on May 15

Hearing a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, the Supreme Court said on May 5 listed the hearing before a bench headed by Justice B R Gavai on May 15.

It may be noted here that the Waqf law has sparked a nationwide debate and drawn over 70 legal challenges from across India.

The petitions, submitted weeks after the government temporarily halted two key elements of the controversial law due to inquiries from the Supreme Court, questioned the constitutional legitimacy of the Waqf (Amendment) Act. On April 17, the Centre assured the Supreme Court that it would not denotify waqf properties, including those categorized as "waqf by user," nor would it make any new appointments to the Central Waqf Council and boards until May 5.

The Centre strongly resisted the Supreme Court’s suggestion to issue an interim order against the denotification of waqf properties, including those classified as 'waqf by user.' Additionally, it opposed halting a provision that permits the inclusion of non-Muslims in the Central Waqf Council and its boards. The Supreme Court acknowledged these arguments, stating that waqf properties, including 'waqf by user,' which are already registered or have been declared through notification, would remain undisturbed and not denotified until the next hearing.

The court subsequently allowed the Centre a week to submit an initial response to the petitions that challenged the law's constitutionality and scheduled the next hearing for May 5. In its affidavit dated April 25, the Centre defended the revised Act, opposing any "blanket stay" imposed by the court on what it called a "law having a presumption of constitutionality passed by Parliament." The Centre justified the provision concerning "waqf by user" properties, arguing that any judicial interference would effectively create a “legislative regime” through a court order.

"Waqf by user" refers to a system in which a property is acknowledged as a religious or charitable endowment based on its long-term and consistent use for such purposes, even without a formal declaration from the owner. In a comprehensive 1,332-page preliminary counter-affidavit, the Ministry of Minority Affairs highlighted existing provisions from previous waqf laws, noting that the registration of waqf properties, including 'waqf by user,' has been obligatory since 1923.

The government asserted that the Waqf (Amendment) Act of 2025 honors the fundamental religious practices of Muslims by leaving matters of faith and worship "untouched." It also claimed that there has been an addition of 20 lakh acres of waqf land following the law's amendment in 2013 and raised concerns about the "misuse" of waqf provisions leading to encroachments on both private and government properties.