On April 17, 2025, the Supreme Court of India commenced hearings on 10 petitions contending the constitutional validity of the Waqf Amendment Act, 2025. Chief Justice Sanjiv Khanna led the bench consisting of Justices Sanjay Kumar and K.V. Viswanathan. The court granted the Centre seven days to reply to the petitions, after which the petitioners would have five days to examine the reply before the issuance of any interim order.
The Centre, being represented by Solicitor General Tushar Mehta, declared that no waqf properties—including those classified as “waqf by user” would either be denotified or altered until the next hearing, and that no appointments would be made to the Central Waqf Council or State Waqf Boards under the newly amended Sections 9 and 14 permitting non-Muslim representation.
Disturbing provisions, such as derecognition of “waqf by user” properties, inclusion of non-Muslims in waqf bodies and powers of district collectors to determine waqf status, concerned the bench. Chief Justice Khanna further pointed out the impracticality of expecting knowledge of historical deeds in a centuries-old waqf property such as Jama Masjid and questioned fairness in allowing non-Muslims on waqf boards while excluding Muslims from Hindu trusts. Violence in West Bengal attributed to the Act was termed as “very disturbing” by the court. Petitioner and AIMIM chief Asaduddin Owaisi, together with six BJP-led states supporting the Act on charges of mismanagement, joined the rival skirmishes. The heated exchanges were adjourned to May, with the Court reiterating the need for equity in its interim order.
