The Supreme Court of India will continue hearing a batch of 73 petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 today. The hearing will resume at 2pm where the Centre and the BJP-led state governments are likely to push back against an interim order being considered by the top court. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan was on Wednesday willing to issue a notice on the petitions and pass a short order.
During yesterday’s hearing, the opposing counsel maintained that they are seeking a stay on some parts of the law and not the entire Act.
Senior Advocate Kapil Sibal, representing the petitioners, argued that several sections of the newly enacted law infringe upon Article 26 of the Constitution, which upholds the right to manage religious matters independently. He also raised concerns about the authority granted to the Collector under the law, contending that since the Collector is a government official, assigning him judicial responsibilities undermines constitutional principles.
Appearing for the petitioners, senior Advocate Abhishek Singhvi said that around 4 lakh Waqf properties out of the total 8 lakh in the country are ‘Waqf by user’. Singhvi made this point to counter the Act’s provision limiting the ‘Waqf by user’ right. Then, the Chief Justice intervened, “We are told Delhi High Court is built on Waqf land. We are not saying all waqf by user is wrong, but there is genuine concern,” he said.
The top court is considering an interim stay on three provisions of the Waqf Amendment Act.
The judges said that any property already declared as Waqf by a user or by a court won’t be notified again. They added that the Collector can continue with the process, but the rule won’t apply in this case. Lastly, while ex-officio members can be from any religion, all other members must be Muslims.
After the conclusion of hearing for the day, CJI Sanjiv Khanna expressed concern over the violence that has broken out in West Bengal against the amendments to Waqf Act. “One thing is very disturbing is the violence that is taking place. If the matter is pending here it should not happen,” the CJI said.
The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both Houses. The Bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.
