Supreme Court Grants Centre 7 Days to Respond on Waqf Amendment Act 2025 Petitions; Key Provisions Likely to Be Stayed
New Delhi | April 17, 2025
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In a significant development in the ongoing legal battle over the Waqf (Amendment) Act 2025, the Supreme Court of India on Wednesday granted the Central Government seven days to file its response to a batch of petitions challenging the constitutional validity of the Act. The apex court has also allowed petitioners five days thereafter to file rejoinders, following which an interim order is expected.
The Supreme Court hearing on the Waqf Amendment Act 2025, led by Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan, saw strong arguments from both sides. Senior advocate Kapil Sibal, appearing for the petitioners, contended that the amendments violate Article 26 of the Indian Constitution, which guarantees freedom to manage religious affairs.
Among the contentious provisions challenged is the Centre’s move to allow the inclusion of non-Muslims in Waqf Boards and the Central Waqf Council, and the power to denotify Waqf properties, including those recognized by courts or categorized under “Waqf by user.”
The Centre, represented by Solicitor General Tushar Mehta, opposed the court’s proposal to stay these provisions, calling it a “harsh step.” However, the bench noted that some clauses may be stayed in the next hearing, scheduled for May 5, 2025.
Only 5 of 10 Petitions to Be Heard
While 10 petitions were initially listed, the court clarified that it will proceed with only five to streamline the process. The remaining will be considered based on the outcome of the initial hearings. Petitioners include prominent political leaders like Asaduddin Owaisi, Amanatullah Khan, Manoj Jha, and Mahua Moitra, along with organizations such as the Association for the Protection of Civil Rights.
SC Criticizes Centre’s Analogy on Non-Muslim Inclusion
The Supreme Court bench took a stern view of the Centre’s analogy suggesting that if non-Muslims cannot be part of Waqf Boards, then by that logic, Hindu judges shouldn’t hear Waqf-related cases. “Are you suggesting Muslims should be appointed to Hindu religious boards too? Say that openly,” CJI Khanna remarked sharply.
Temporary Relief: No Denotification of Waqf Properties
Solicitor General Mehta assured the court that no Waqf properties—including those declared through Waqf by user or court orders—will be denotified until the next hearing. He also assured that no new members will be added to the Waqf Boards or Central Waqf Council during this interim period.
Political Reactions Continue
Political commentary around the Waqf Board amendment continues to escalate. Union Minister Anurag Thakur alleged misuse of Waqf assets worth ₹2 lakh crore, citing instances of land being leased for malls and luxury hotels at throwaway prices. He added that the amended law ensures that benefits now reach Muslim women, widows, children, and educational institutions.
Meanwhile, West Bengal CM Mamata Banerjee criticized the Act as “atrocious,” calling it a divisive tactic. She linked recent Murshidabad riots to the hurried enactment of the law and called on the Muslim clergy to meet the President and Prime Minister to express their concerns.
In contrast, a delegation from the Dawoodi Bohra community met Prime Minister Narendra Modi, expressing support for the Act and calling it a “long-pending demand.
