Waqf Act 2025 Supreme Court Ruling: Centre Gets One Week to Respond
New Delhi, April 17, 2025 — In a significant legal update, the Supreme Court has given the Centre one week to respond to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Meanwhile, the Court has also halted any changes to waqf properties, including those classified under ‘waqf by user’. Consequently, the status of these properties will remain unchanged until the next hearing in May.
A bench led by Chief Justice Sanjiv Khanna, along with Justices P.V. Sanjay Kumar and K.V. Viswanathan, is overseeing the matter.
Supreme Court Pauses Changes to Waqf Properties
Importantly, the Supreme Court clarified that all properties declared as waqf — whether through court decisions, past notifications, or ‘waqf by user’ — will retain their status. This includes both waqf-by-declaration and waqf-by-user properties.
In his remarks, Chief Justice Khanna emphasized, “The government cannot rewrite history.” Thus, the Court highlighted the importance of maintaining the sanctity of properties already recognized as waqf by the judiciary or past administrative measures.
Centre Holds Off on Waqf Council Appointments
Additionally, the Union Government informed the Court that it won’t make appointments to the Central Waqf Council or State Waqf Boards during this interim period. This decision ensures that no changes take place while the constitutional validity of the Act is being debated.
Top Court Flags Key Issues in 2025 Amendment
The Court raised several concerns regarding the new Waqf (Amendment) Act, 2025. For instance, it questioned:
- The treatment of ‘waqf by user’ properties
- The inclusion of a non-Muslim majority in waqf boards and councils
- A provision that prevents disputed land from being classified as waqf
Although the bench considered issuing an interim stay, it chose instead to give the Centre and state governments time to respond and provide more clarity.
Court Streamlines Case Load with Lead Petitions
In order to manage the volume of petitions, the Supreme Court directed the petitioners to choose five lead petitions that would represent the larger challenge. As a result, all cases will fall under a common heading: “In Re: Waqf Amendment Act 2025.” The Court also segregated out older petitions challenging previous Waqf Acts of 1995 and 2013 for better case management.
Who Filed Petitions Against the Act?
A diverse group of individuals, political leaders, and organizations have filed petitions against the Waqf Act, 2025. Notably, some of the prominent petitioners include:
- Politicians: Asaduddin Owaisi (AIMIM), Amanatullah Khan (AAP), Manoj Kumar Jha (RJD), Imran Pratapgarhi, and Mohammad Jawed (Congress)
- Religious and legal organizations: AIMPLB, Jamiat Ulama-i-Hind, Association for the Protection of Civil Rights, Samastha Kerala Jamiathul Ulema
- Individual citizens: Arshad Madani, Mohammad Shafi, Taiyyab Khan Salmani, Anjum Kadari, Mohammed Fazlurrahim
- Political parties: DMK, CPI, YSRCP (Jagan Mohan Reddy), and Tamilaga Vettri Kazhagam (led by actor-politician Vijay)
Next Hearing Scheduled for Early May
The Supreme Court has scheduled the next hearing for the week beginning May 5, 2025. Until then, no waqf property will undergo changes, and the Centre will refrain from making any new appointments to the waqf governance bodies.
