India’s Supreme Court has put on hold its interim orders, Judgment on Waqf Act (Amendment), 2025, following a line of petitions challenging its legality. The decision follows extensive hearings, where petitioners and the government clashed over what the new law means.
The petitions challenged three key issues:
Denotification of Waqf Properties – Whether properties announced as waqf, user-waqf-by-user or waqf-by-deed can be denotified.
Composition of Waqf Boards, Petitioners argued that state waqf boards and the Central Waqf Council can function only by Muslims. With the exclusion of ex-officio members.
Government Land Inquiry – An amendment clause authorizes the collector to verify if a property is of the government land, thus not to be regarded as waqf.
Arguments Both Ways
Petitioners’ Fears
Senior counsel of law Kapil Sibal, Rajeev Dhavan, and Abhishek Singhvi contended that the amendment is a departure from conventional practice in law and can be utilized to acquire waqf properties systematically. They contended that the law encroaches upon the independence of waqf institutions and nullifies their jurisdiction over handling religious endowments.
Centre’s Solicitor General Tushar Mehta supported the amendment. Arguing that waqf is a secular entity and could not be put on hold on grounds of presumed constitutionality. In his view, the law will introduce transparency in the management of property and curb abuse of waqf provisions.
Next Steps and Implications
The announcement of the Supreme Court that it will hold in abeyance its interim orders pending signals that the battle over the Waqf Amendment Act is far from over. The judgment will have wide-ranging implications for waqf property and religious endowment management in India.
Prior to the Supreme Court’s judgment, all interested parties anticipate demarcation of the destiny of waqf administration. The case is the complex intermeshing of law, religion, and proprietary rights and forms a milestone legal milestone in Indian juridical history.
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