What Will the Supreme Court Decide About the Waqf Amendment Act?
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Synopsis
On Monday, the Supreme Court will announce its decision regarding the Waqf (Amendment) Act, 2025. This ruling could greatly impact the management of Waqf properties and the ongoing debate over its constitutionality. As advocates present strong arguments on both sides, the nation awaits the verdict that could redefine the landscape of Waqf property governance.
Key Takeaways
- The Supreme Court is set to rule on the Waqf (Amendment) Act, 2025.
- The Union government defends the Act as a means to enhance transparency.
- Critics argue it discriminates against Muslims and is unconstitutional.
- The Act modifies the Waqf Act, 1995, addressing the management of Waqf properties.
- The decision will have significant implications for Waqf property governance.
New Delhi, Sep 14 (NationPress) A Bench of the Supreme Court, led by CJI B.R. Gavai, is scheduled to deliver its ruling on Monday regarding the potential stay of the Waqf (Amendment) Act, 2025. This legislation is vigorously supported by the Union government, which argues that it serves as a mechanism to prevent the misuse of Waqf properties and promotes increased transparency in their administration.
On May 22, the Bench, which also included Justice A.G. Masih, reviewed the arguments presented by both the petitioners and the Centre across three sessions before deciding to reserve its judgment.
The legitimacy of this controversial Act, which took effect on April 5 following Presidential approval, has been contested by figures such as All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi and Congress MP Mohammad Jawed.
The challengers assert that the amendment discriminates against Muslims. Senior advocate Kapil Sibal, representing the petitioners, labeled the revised Waqf Act as “unconstitutional” and “arbitrary”.
Sibal specifically critiqued the provision allowing the suspension of a property’s Waqf status during an ongoing investigation.
Senior advocate Rajeev Dhavan contended that no external officer or entity holds the authority to determine what is essential to a religion. “Waqf is not merely a legal entity; it is a spiritual and social institution intricately linked to the lives of Muslims,” Dhavan noted, referencing previous Supreme Court rulings.
In contrast, Solicitor General Tushar Mehta, the second-highest law officer of the Centre, argued that the concept of Waqf is not fundamentally a religious practice. He asserted that Waqf boards managing these properties engage in secular and administrative roles.
The newly amended law modifies the Waqf Act, 1995, to better oversee Waqf properties, which are religious endowments or assets allocated solely for religious or charitable purposes according to Islamic law. On April 17, a Bench led by then CJI Sanjiv Khanna opted not to impose a stay on the Waqf (Amendment) Act, 2025, after the Centre assured the apex court that the disputed provisions would not be enforced immediately.
Point of View
This case represents a critical juncture in the intersection of law, religion, and governance in India. As the Supreme Court prepares to deliver its ruling, it is essential to recognize the complexities involved in Waqf property management and the diverse opinions surrounding the amendment. The decision made will undoubtedly shape the future of Waqf administration and its implications for the Muslim community.
NationPress
14/09/2025
Frequently Asked Questions
What is the Waqf (Amendment) Act, 2025?
The Waqf (Amendment) Act, 2025 is legislation aimed at regulating Waqf properties, which are religious endowments under Islamic law. It seeks to enhance transparency and prevent misuse.
Why is the Supreme Court ruling significant?
The ruling is significant as it will determine the constitutionality of the Waqf (Amendment) Act and its impact on the management of Waqf properties, which affects many stakeholders, particularly in the Muslim community.
Who are the key figures involved in the case?
Key figures include CJI B.R. Gavai, advocates Kapil Sibal and Rajeev Dhavan representing the petitioners, and Solicitor General Tushar Mehta representing the Centre.
What arguments are being made against the Act?
Opponents claim the Act discriminates against Muslims and is unconstitutional, particularly criticizing provisions that allow suspension of Waqf status during investigations.
When was the Waqf (Amendment) Act enacted?
The Waqf (Amendment) Act was enacted on April 5, 2025, after receiving Presidential assent.
