Guwahati: The Supreme Court will issue interim orders on Monday, September 15, addressing three contentious provisions of the Waqf (Amendment) Act, 2025, including the government’s power to denotify properties previously recognized as waqf through court rulings, historical usage, or legal deeds.
A bench headed by Chief Justice BR Gavai had earlier reserved its order on May 22 after hearing extensive arguments from both sides over three consecutive days.
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Petitioners challenged the constitutional validity of the amended legislation, while Solicitor General Tushar Mehta represented the Centre.
According to the cause list published by the apex court, the ruling will be delivered on Monday.
One of the primary concerns the petitioners raised is that the new provision allows a district collector to strip waqf property of its status if, after an inquiry, they determine the land belongs to the government.
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Critics argue that this introduces a non-judicial process to override historical religious trusts.
Petitioners also objected to changes in the composition of state waqf boards and the Central Waqf Council.
They contended that only Muslims, apart from ex-officio government members, should be eligible for such roles, in keeping with the religious nature of waqf institutions.
Another major challenge targets the scope of the government’s power to denotify waqf properties, which, according to petitioners, could undermine long-standing legal and religious frameworks.
In defense of the law, the Centre argued that waqf is a secular institution and the amended Act enjoys a presumption of constitutionality.
The government maintained that although the waqf has Islamic origins, it does not constitute an essential religious practice.
Senior advocate Kapil Sibal, appearing for the petitioners, sharply criticized the new law.
He claimed it represents a “complete departure” from historical legal precedents and accuses the government of attempting to “capture waqf through a non-judicial process.”
The Waqf (Amendment) Act, 2025, received presidential assent on April 5 and was officially notified on April 8.
Parliament had passed the bill earlier that month, with the Lok Sabha approving it on April 3 and the Rajya Sabha following on April 4.
On April 25, the Ministry of Minority Affairs filed a 1,332-page affidavit defending the law and opposing a blanket stay, insisting that the new provisions should remain in effect while the court considers the challenges.