The Supreme Court of India has officially commenced hearings on multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which received presidential assent on April 5 after parliamentary approval.
What’s Being Challenged
The petitions argue that the Act:
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Undermines religious autonomy by mandating non-Muslim members on Waqf Boards and granting governmental powers to district collectors over waqf properties.
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Eliminates “waqf by user”, a long-accepted form of endowment through longstanding community usage.
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Imposes discriminatory conditions, such as requiring waqf creators to prove they have been practicing Islam for five years.
Prominent petitioners include the Indian Union Muslim League, All India Muslim Personal Law Board, DMK, AIMIM, Jamiat Ulema‑i‑Hind, and several MPs and civil society figures.
Supreme Court Response & Interim Orders
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In hearings on April 17 and April 20, the Centre informed the Court that key provisions would be suspended pending the next hearing—this includes halting appointments of non‑Muslim members and refraining from denotifying waqf properties currently recognised by law.
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The Court has expressed concern over disrupting long-standing waqf status and stressed that “the government cannot rewrite history” regarding existing endowments.
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Observing that waqf by user properties often lacks formal documentation, the bench acknowledged that sudden removal would be problematic.
Chief Justice Sanjiv Khanna’s bench has also questioned whether these petitions should remain in the Supreme Court or be referred to various High Courts.
Ripple Effects & Public Response
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The amendments ignited violent protests in Murshidabad and Tripura in April, resulting in fatalities and large-scale unrest.
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Political and religious groups, including the IUML, AIMPLB, DMK, AIMIM, and Jamiat Ulema‑i‑Hind, argue the law affects religious rights of India’s 200 million Muslims, citing Articles 14, 15, 25, and 26 of the Constitution.
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In Telangana, internal friction over implementing the Act has halted Waqf Board meetings under the state government's advice.
The Supreme Court is expected to deliver further orders on the interim suspension and decide whether to hear the case in full at the apex level. Meanwhile, no enforcement actions under the new Act—such as board appointments or waqf de-notifications—are being carried out until the Court’s next direction.
