Will the Supreme Court Hear the Waqf Amendment Act Challenges Today?
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Synopsis
The Supreme Court is gearing up to evaluate significant petitions against the Waqf Amendment Act. With potential implications for constitutional rights, this hearing promises to be pivotal. As debates unfold, the legal landscape surrounding Waqf properties and their governance hangs in the balance. Stay tuned for updates on this critical issue.
Key Takeaways
- The Supreme Court is examining the Waqf (Amendment) Act, 2025.
- The central government has assured that contentious provisions will not be enforced.
- Petitioners argue the Act violates fundamental rights.
- Six BJP-ruled states support the amendments as constitutionally valid.
- Potential implications for Waqf governance and rights of the Muslim community.
New Delhi, May 20 (NationPress) The Supreme Court is poised to review a crucial set of petitions questioning the constitutional legitimacy of the Waqf (Amendment) Act, 2025, this Tuesday.
A bench headed by Chief Justice Bhushan Ramakrishna Gavai will consider whether to suspend the enforcement of the amended legislation pending a conclusive ruling on the case. The primary aim of today’s session is to assess the potential for interim relief for the petitioners, with arguments from all parties slated to be heard before the Court makes its ruling on the stay.
The central government, represented by Solicitor General Tushar Mehta, has already informed the Court that the contested provisions of the Act will remain unenforced until further notice.
After the apex court suggested the possibility of a stay order, the Union government assured the top court it would refrain from de-notifying provisions concerning 'Waqf by user' or incorporating non-Muslim members into the Waqf Board.
During the last hearing, which took place under the tenure of former Chief Justice Sanjiv Khanna, the apex court pinpointed three primary issues for examination: the methodology for de-notifying Waqf properties, whether by usage or legal deed, the possible inclusion of non-Muslims within Waqf organizations, and the classification of governmental land as Waqf property.
The Court granted a week’s time for the Centre, state governments, and Waqf Boards to submit their preliminary responses.
It opted to treat five writ petitions as lead cases, stating that other motions would be regarded as intervention applications, while ordering the registry to rename the case titles to 'In Re: The Waqf (Amendment) Act, 2025'.
Petitioners argue that the amended Act is discriminatory and violates the fundamental rights of the Muslim community.
In contrast, six states governed by the BJP have shown support for the central government, asserting the amendments are constitutionally valid and necessary.
The Waqf (Amendment) Bill, 2025, received presidential approval from President Droupadi Murmu on April 5 after passing through both Houses of Parliament amid intense debate.
In its preliminary affidavit, the Centre has urged the Supreme Court to reject the petitions, asserting that the Act does not violate constitutional guarantees.
Point of View
I believe this case highlights the ongoing tension between legislative actions and constitutional guarantees. It's crucial that the Supreme Court carefully considers the implications of the Waqf Amendment Act on fundamental rights, ensuring that all voices are heard in this significant legal discourse.
NationPress
09/09/2025
Frequently Asked Questions
What is the Waqf Amendment Act, 2025?
The Waqf Amendment Act, 2025 is legislation aimed at governing Waqf properties and institutions. It has sparked controversy regarding its constitutional validity and implications for the Muslim community.
Why is this case significant?
This case is significant as it addresses the balance between legislative authority and constitutional rights, potentially impacting the governance of Waqf properties and the rights of the Muslim community.
What is the Supreme Court expected to decide?
The Supreme Court will decide whether to stay the enforcement of the Waqf Amendment Act pending further hearings, with a focus on granting interim relief to the petitioners.
Who supports the Waqf Amendment Act?
Six BJP-ruled states are backing the central government, asserting that the amendments are constitutionally valid and necessary.
What does the government say about the Act?
The government argues that the Waqf Amendment Act does not infringe upon constitutional guarantees and has urged the Supreme Court to dismiss the petitions challenging it.
