Supreme Court Live: CIJ Agrees To Hear Waqf Act Petitions For Interim Relief
New Delhi: The Supreme Court is hearing petitions challenging the Waqf Amendment Act, and the chief justice has agreed to consider the case for the purpose of granting interim relief.
On May 15, a bench comprising Chief Justice B.R. Gavai and Augustine George Masih deferred the hearing to May 20. The court had stated that it would hear arguments for passing interim directions on three issues. One is the power to repeal properties declared as waqf by courts, waqf-by-user or waqf by deed.
The second, the composition of state waqf boards and the Central Waqf Council, where they contend that only Muslims should operate, except ex-officio members, and the third regarding a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
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May 20, 2025, 4:00 pm:
Senior advocate Rajeev Dhavan says the property goes to the heart of religion, adding that if a property were taken away from a religion, it diminishes the basic practice of religion. Beliefs, practices and property that sustain these beliefs and practices form the bulwark of religions. Take that away, the entire edifice of secularism will become suspect, Mr. Dhavan submits.
May 20, 2025, 3:35 pm:
Representing the petitioners, senior advocate Kapil Sibal asks if other religious endowment bodies allow members of different faith while comparing how other religious endowments like Hindu, Sikh are run by the members of the same faith. ‘The meaning of secularism is to allow religious communities run their own affairs, he noted.
May 20, 2025, 3:00 pm:
Sibal argued that the amended Act facilitates the takeover of a community’s rights. Amendments have replaced an elaborate survey mechanism of properties identified as waqfs with the ‘designated officer’ process, he noted, adding that a survey used to precede the registration, but now only registration remains without no proper survey.
May 20, 2025, 2:00 pm:
As the chief justice pointed out that there is a presumption of constitutionality in favour of parliamentary legislation, the lawyer responded that irreparable damage will be caused if the amendments were not stayed.
May 20, 2025, 12.:30 pm:
Sibal challenged the provision that a person must prove they are a “practising Muslim” to dedicate property as waqf, noting that the Act fails to recognise waqf dedications by people belonging to the Scheduled Tribes who are also Muslims. He argued that the requirement to prove one is a practising Muslim directly violates Article 25 of the Constitution, which guarantees the right to freedom of religion. Sibal further argued that the Act paved the way for waqf properties to lose their status with retrospective effect.
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May 20, 2025, 12.:10 pm:
“Earlier, the State waqf boards were elected to power. Now all the members are nominated. Out of the total 11 members, 7 are non-Muslims. Conceptually, they have captured the boards”, Sibal contended, calling the Act a ‘creeping acquisition’ of waqf properties.
May 20, 2025, 11.:45 am:
Sibal pointed out that the amendments violate the fundamental right to manage religious affairs, noting that under the 2025 Act, a structure once declared a protected monument or area would lose its waqf status. The lawyer stated that the Act would thus disturb the dedication of the property as a waqf and was a violation of the fundamental rights to manage religious affairs, equality and dignity.
