BREAKING| Supreme Court To Pronounce Order On Pleas To Stay Waqf Amendment Act 2025 On Monday
LIVELAW NEWS NETWORK
13 Sept 2025 5:25 PM IST
The Supreme Court will pronounce its interim order on pleas to stay the provisions of the Waqf Amendment Act 2025 on Monday(September 15).
A bench of Chief Justice of India BR Gavai and Justice AG Masih had reserved the order on May 22 after hearing the parties over three days.
The petitions are filed challenging the constitutionality of the sweeping changes made to the Waqf law by the amendments passed by the Parliament in 2025.
In April, after a bench led by former CJI Sanjiv Khanna expressed some prima facie reservations about some of the provisions, the Union undertook that non-Muslims would not be appointed to the State Waqf Boards and the Central Waqf Councils during the pendency of the matter. The Centre also agreed that no Waqf, including a Waqf by user, whether declared by way of notification or by way of registration, shall be de-notified, nor will their character or status be changed.
AIMIM MP Asaduddin Owaisi, Delhi AAP MLA Amanatullah Khan, Association for Protection of Civil Rights, Jamiat Ulema-i-Hind President Arshad Madani, Samastha Kerala Jamiatul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, TMC MP Mahua Moitra, Indian Union Muslim League, All India Muslim Personal Law Board, RJD MP Manoj Kumar Jha, SP MP Zia ur Rehman, Communist Party of India, DMK etc., are some of the petitioners.
Common provisions challenged in all petitions
Omission of 'waqf by user' provision, inclusion of non-Muslim members in the Central Waqf Council and State Waqf Board, pre-condition of 5 years as practising Muslim for create of waqf, allowing Government to decide disputes regarding encroachment of government property, application of Limitation Act to Waqf Act, invalidating Waqf created over ASI protected monuments, restrictions on creating Waqfs over scheduled areas, limiting the inclusion of women members to two in the Council and Boards, diluting waqf-alal-aulad, renaming 'Waqf Act, 1995 to "Unifed Waqf Management, Empowerment, Efficiency and Development," providing appeal against the Tribunal's order etc., are some of the provisons under challenge.
Case Details: IN RE THE WAQF (AMENDMENT) ACT, 2025 (1)|W.P.(C) No. 276/2025 and connected matters