The Supreme Court of India, with Chief Justice Sanjiv Khanna, Justices Sanjay Kumar, and KV Viswanathan on the bench, heard petitions for challenge to the validity of the Waqf (Amendment) Act, 2025, on April 16, 2025.
The court was critical of its provision allowing non-Muslims to serve on the Central Waqf Council or Waqf Boards, asking Solicitor General Tushar Mehta, appearing for the Central government, would Muslims be allowed into Hindu endowment boards-it stressed the need to clarify reciprocal arrangements.
The bench also dealt with the notion of “waqf by user”, noting, however, that decategorizing such properties would be problematic, especially for those which have no formal documentation. It mentioned that properties which have been recognized as waqf by courts hundreds or even tens of years before cannot be classified as denotified or taken over suddenly. The court considered staying provisions regarding non-Muslim inclusion in Waqf bodies, the delegative prerogative of collectors regarding mishaps on Waqf properties, as well as the denotification of existing Waqf land, but no formal order was made.
Senior lawyers like Kapil Sibal shot questions at the topic-Waqf can only be created when Muslim practicing religion for five years, whereas Abhishek Singhvi placed importance on general representation of the Act. The people witnessed violence after the passage of the Act; Chief Justice Khanna described it as “very disturbing.” The Waqf (Amendment )Act was passed by Parliament on 3rd and 4th April, received presidential assent by April 5, and became effective on April 8. Further hearing would happen on 17 April, 2025 at 2 PM.
KEYPOINTS
Supreme Court suggests Centre SHOULDN’T DENOTIFY already declared Waqf properties. Centre strongly opposes.
Court also asks, “Will BJP-led govt allow Non Hindus in Hindu trusts?”
Is Ecosystem’s strongest hand now backing the Waqf? Judicial Reforms are a must in that case.
