Waqf (Amendment) Act 2025: SC to Pronounce Interim Order on Sept 15
A bench headed by Chief Justice B R Gavai had on May 22 reserved the interim orders on these issues after hearing both sides in the waqf case.
By : Deccan Chronicle
Update: 2025-09-13 13:39 GMT
New Delhi: The Supreme Court is scheduled to pronounce its interim orders on Monday on three key issues arising from the petitions challenging the validity of the Waqf (Amendment) Act, 2025. One of the issues relates to the power to denotify properties declared as waqf by courts, waqf by user, or waqf by deed. A bench headed by Chief Justice of India B.R. Gavai had on May 22 reserved its interim orders after hearing the contesting parties. According to the cause list of September 15 uploaded on the apex court website, the order will now be delivered.
Before reserving its orders, the bench heard arguments from advocates challenging the amended law as well as Solicitor General Tushar Mehta, representing the Centre, over three consecutive days.
The petitioners sought interim relief on three issues: Denotification powers: Whether properties declared as waqf by courts, by user, or by deed can be denotified under the amended Act. Board composition: Whether only Muslims, except for ex-officio members, should be part of State Waqf Boards and the Central Waqf Council. Collector’s inquiry: A provision that states a waqf property will not be treated as waqf if the collector, upon inquiry, determines it to be government land.
The Centre strongly defended the Act, arguing that waqf, by nature, is a “secular concept” and cannot be stayed, given the presumption of constitutionality attached to laws passed by Parliament. It also maintained that although waqf has Islamic roots, it is not an essential part of Islam.
Senior advocate Kapil Sibal, leading the petitioners, called the law a “complete departure from historical legal and constitutional principles” and alleged that it was a means to “capture waqf through a non-judicial process.”
On April 25, the Union ministry of minority affairs filed a 1,332-page affidavit defending the Waqf (Amendment) Act, 2025, and opposed any “blanket stay” on the legislation.
The Centre had notified the Act after it received President Droupadi Murmu’s assent on April 5. The Bill was cleared by the Lok Sabha with 288 votes in favour and 232 against, while the Rajya Sabha passed it with 128 members supporting and 95 opposing it.