The Supreme Court on Thursday reserved its order on the issue of interim relief in a batch of arguments challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A bench of India’s Chief Justice Bra Gawai and Justice Augustine George Maasih heard the arguments of the petitioners, who challenge the Center and the Act on the interim order for three days.
During the hearing, Solicitor General Tushar Mehta, representing the Center, argued about the provision, preventing non-Muslims from making waqf.
Mehta said that only in the 2013 amendment, non-Muslims were given such rights, but in the 1923 law, they were not allowed to create a Waqf, as there were concerns that it could be used as a tool to cheat creditors. He defended the five -year practice status to be eligible for the construction of Waqf.
“Waqf making is different from donating Waqf, which is why Muslims need five years of practice so that Waqf is not used to cheat anyone. Suppose I am a Hindu and I want to donate for Waqf, how can Waqf be allowed to make Waqf.”
Mehta further argued that Section 3E of the Act, which prevents the construction of Waqf on the land falling under Scheduled Areas, was created for the protection of Scheduled Tribes.
He said that the construction of Waqf is irreversible and it can bias the rights of the weak tribal population. He said that the tribal land is being caught under the guise of Waqf.
He said, “Tribal organizations have been told that they are being suffering and the land is being caught as Waqf,” he said.
Senior advocate Ranjit Kumar, who was present for the Haryana government and a tribal organization supporting 2025 WAQF amendments, said that a Waqf was claimed on 500 acres given for mining purposes in Rajasthan.
CJI Gawai watched orally that the registration of WAQFS was required under the previous laws of 1923 and 1954.
A batch of petitions challenging the Act was filed before the apex court, stating that it was discriminated against the Muslim community and violated their fundamental rights.
Six Indian Janta Party -ruled states also transferred the apex court in the matter in support of the amendment.
On 5 April, President Draupadi Murmu gave his consent on Waqf (Amendment) Bill, 2025, which was first passed by Parliament after a hot debate in both houses.
The central government had filed its initial affidavit in the Supreme Court, while demanding dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 said that the law was not a violation of guaranteed fundamental rights under the Constitution.
In its affidavit, the Center said that the amendments are only for the regulation of the secular aspects about the management of properties and therefore, no violation of guaranteed religious freedom under articles 25 and 26 of the Constitution.
The central government had urged the court not to maintain any provision of the Act, saying that it is a systematic position in the law that the constitutional courts would not directly or indirectly be a legal provision, and will finally decide the matter. (AI)
