Waqf Amendment Act: Supreme Court to pronounce interim order on Monday

The Centre strongly defended the Act, saying waqf by its very nature was a "secular concept" and can't be stayed given the "presumption of constitutionality" in its favour.

The Supreme Court is slated to pronounce on Monday its interim orders on three key issues, including the power to denotify properties declared as "waqf by courts, waqf-by-user or waqf by deed", which cropped up during the hearing of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

A bench headed by Chief Justice BR Gavai on May 22 reserved the interim orders on these issues after hearing both sides in the waqf case.

According to the cause list of September 15 uploaded on the apex court website, the court will deliver its order in the matter.

One of the issues relate to the power to denotify properties declared as "waqf by courts, waqf-by-user or waqf by deed" prescribed in the Waqf (Amendment) Act, 2025.

Before reserving the interim order, the bench heard arguments by advocates appearing for those challenging the amended waqf law, and Solicitor General Tushar Mehta, representing the Centre, on three consecutive days.

The bench previously identified the three issues, on which a stay was sought by the petitioners, for passing interim orders.

Apart from the issue of denotification, petitioners have raised questions over the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members.

The third issue relates to a provision that says a waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.

The Centre strongly defended the Act, saying waqf by its very nature was a "secular concept" and can't be stayed given the "presumption of constitutionality" in its favour.

Moreover, though waqf was an Islamic concept, it was not an essential part of Islam, it added.

Senior advocate Kapil Sibal, leading the petitioners, described the law as a "complete departure from historical legal and constitutional principles" and a means to "capture waqf through a non-judicial process".

On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the Waqf (Amendment) Act, 2025 and opposed any "blanket stay" by the court on a "law having presumption of constitutionality passed by Parliament".

The Centre notified the Waqf (Amendment) Act, 2025 on April 8 after it got President Droupadi Murmu's assent on April 5.

The Lok Sabha and the Rajya Sabha passed the Waqf (Amendment) Bill, 2025 on April 3 and April 4 respectively.