SC Reserves Interim Order on Waqf Amendment Act Challenge

Pratiksha Ghosh

New Delhi May 22 2025:The Supreme Court on Thursday,reserved its interim order in a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. 

ABench comprising Chief Justice D.Y. Chandrachud and Justice A.G. Masih heard the matter specifically to consider interim relief.

The court had earlier postponed any interim decision on April 17 after the central government assured it would not proceed with new appointments to waqf councils and boards, or de-notify waqf properties,including those classified under ‘waqf by user’ or ‘waqf by deed’ until the matter is resolved.

At this stage, the Bench has focused on three contentious issues: the classification of land as waqf property based on use, the inclusion of non-Muslims in waqf councils and state boards, and the broader identification of government land as waqf property.

Representing the petitioners, senior advocate Kapil Sibal argued that enforcement of the amended provisions could result in irreversible consequences. He urged the court to intervene preemptively to prevent possible damage.

However, the Bench emphasized that every law passed by Parliament enjoys a presumption of constitutionality. It cautioned that interim relief can only be granted if a particularly strong case is presented.

"For the court to step in, there must be a glaring and substantial violation. The presumption of constitutionality remains unless convincingly rebutted," the judges remarked.

Solicitor General Tushar Mehta, appearing for the Centre, defended the 2025 amendment, stating that it deals solely with secular elements of waqf administration and does not infringe on religious rights.

The court is expected to pronounce its interim order shortly.