Will the Supreme Court Address the Challenges to the Waqf Amendment Act Today?

New Delhi, May 15 (NationPress) The Supreme Court is set to deliberate today on a series of petitions contesting the constitutional legitimacy of the recently enacted amendments to the Waqf Act.

According to the schedule released on the apex court's website, a two-judge bench led by Chief Justice of India (CJI) B.R. Gavai and Justice A.G. Masih will continue the hearing regarding the constitutional validity of the Waqf (Amendment) Act, 2025 on May 15.

During the prior session on May 5, a bench led by former CJI Sanjiv Khanna indicated it did not plan to make a judgment at this interim stage due to his forthcoming retirement.

Postponing the hearing, the bench, which also included Justices Sanjay Kumar and K.V. Viswanathan, remarked: "We will reschedule this for the bench of Justice Gavai on May 13 or 14."

Previously, the apex court had allowed a week for the Centre, state governments, and the Waqf Boards to submit their initial responses.

It decided to categorize five writ petitions as lead cases, with other submissions deemed as intervention applications, besides directing the registry to rename the cause titles of the proceedings as "In Re: The Waqf (Amendment) Act, 2025".

After the apex court suggested the possibility of a stay order, the Union government assured that it would refrain from de-notifying provisions concerning 'Waqf by user' or including non-Muslim members on the Waqf Board.

In its preliminary affidavit, the Centre asserted that the amendments were made to prevent the misuse of Waqf legislation leading to the encroachment of government properties and to ensure that Waqf Boards across the nation operate transparently and effectively.

"Reported misuse of Waqf provisions has resulted in encroachments on both private and government properties. It is alarming that following the amendment in 2013, there has been a significant 116% increase in Waqf areas," stated the Union Ministry of Minority Affairs.

In its response, the Centre noted that many Waqf Boards have been functioning in a "highly non-transparent manner," failing to provide sufficient details in the public domain or only offering partial information.

It highlighted that, under previous regulations, the lack of adequate safeguards resulted in government and even private properties being declared as Waqf properties.

"Sections 3A, 3B, and 3C address the ongoing issues that have persisted for decades. There are numerous instances where government lands or private lands were wrongly declared as Waqf properties," the affidavit elaborated.

The Union government emphasized that the Waqf (Amendment) Act, 2025 aims to modernize the management of Waqf properties in India through transparent, efficient, and inclusive practices.

It contended that the reforms are intended solely for the secular and administrative aspects of Waqf institutions, such as property management, record-keeping, and governance, without infringing upon essential religious practices or Islamic tenets.

The concept of ‘Waqf’ is deeply rooted in Islamic law and traditions, referring to an endowment made by a Muslim for charitable or religious purposes, encompassing mosques, schools, hospitals, or other public institutions.