NEW DELHI, May 22: — The Supreme Court on Thursday reserved its interim orders on petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The matter was heard by a Bench comprising Chief Justice of India BR Gavai and Justice AG Masih.
The court focused on three primary concerns: the concept of waqf by user, the nomination of non-Muslims to waqf bodies, and the identification of government land as waqf property. The top court clarified that Thursday’s hearing was limited to the question of interim relief.
Senior advocate Kapil Sibal, appearing for the petitioners, argued that enforcement of the amendment would cause “irreparable injury” and urged the court to intervene at this stage.
However, the Bench reiterated its earlier position that there is a presumption of constitutionality for laws passed by Parliament. “For interim relief, you have to make out a very strong and glaring case. Otherwise, the presumption of constitutionality will be there,” the court said.
Solicitor General Tushar Mehta, representing the Centre, defended the 2025 amendments, stating that the changes dealt only with secular aspects of waqf administration and did not infringe on religious rights.
The Supreme Court had earlier directed the Centre not to make fresh appointments to waqf councils or de-notify any waqf properties until further orders. That assurance remains in effect.
The matter is now pending final adjudication.
