KKN Gurugram Desk | The Supreme Court of India is currently hearing petitions challenging the Waqf Amendment Act 2025, with the government presenting its side of the argument. The issue surrounding the Waqf Law has sparked significant legal debate, as the government defends its recent amendments and their constitutionality. The hearing, which began earlier this week, is expected to address multiple facets of the legislation, including the inclusion of public suggestions and the legislative process involved in the passage of the bill. The government has asserted that the process involved extensive consultations with over 97 lakh people, thereby solidifying the legitimacy of the law.

Context of the Case: Waqf Law and its Constitutional Validity

The Waqf Law has become a subject of intense scrutiny in the Supreme Court, with legal challenges questioning its constitutional validity. The Waqf Amendment Act 2025 has faced opposition from several quarters, with critics arguing that certain provisions of the act infringe upon constitutional rights and violate religious freedoms.

On 20th May 2025, during an earlier hearing, the Supreme Court heard arguments from the petitioners’ side. The petitioners, including prominent legal figures, have raised concerns regarding the amendments introduced by the government, and Kapil Sibal, representing the petitioners, urged the court to impose an interim stay on the implementation of the law. Sibal argued that the Waqf Amendment Act 2025 should not be implemented until the case is fully adjudicated, as it could have significant implications for Waqf properties and their management across India.

Government’s Defense: Extensive Consultation and Legislative Process

In today’s hearing (21st May 2025), the Solicitor General of India, Tushar Mehta, presented the government’s defense, stating that the Waqf Amendment Act was not passed in haste. He emphasized that over 97 lakh people had provided feedback and suggestions during the consultation process before the bill was introduced in Parliament. This, according to Mehta, was a clear indication that the law was enacted with wide-ranging consultation and deliberation, rather than being rushed through without adequate input.

Mehta also pointed out that the Waqf Amendment Act 2025 addresses several critical issues related to the management of Waqf properties and seeks to ensure greater transparency and accountability in their administration. He noted that the amendments are in line with the government’s commitment to improving the governance of Waqf boards and enhancing oversight.

The Solicitor General further clarified that the amendment aims to modernize the Waqf system, improve property management, and ensure efficient use of Waqf assets. These goals, he argued, align with the constitutional framework and are essential for the growth and development of religious and charitable activities in India.

The Debate Over Waqf Property Management

The issue of Waqf property management has been a contentious one for years. Under the existing Waqf Act, there have been numerous allegations of mismanagement, with properties often being underutilized or misappropriated. The government’s Waqf Amendment Act 2025 seeks to address these issues by introducing mechanisms for better management, oversight, and accountability.

However, critics argue that the amendments give too much power to the government, potentially undermining the autonomy of religious organizations that manage Waqf properties. They contend that such changes could lead to government interference in religious matters, a stance that raises concerns about religious freedom and the separation of powers.

The petitioners believe that these amendments may lead to the centralization of power over Waqf boards, reducing their independence. This, they argue, could jeopardize the autonomous functioning of religious and charitable organizations, especially those that rely on Waqf properties for their activities.

The Political and Legal Implications of the Waqf Law

Politically, the Waqf Amendment Act 2025 has become a flashpoint. Proponents of the law argue that it is an important step toward improving the governance of Waqf properties and ensuring their proper use. They claim that the law will benefit charitable causes and religious organizations, helping to revitalize Waqf assets for public good.

On the other hand, critics contend that the law is a government overreach, encroaching on the autonomy of religious institutions. The petitioners’ legal arguments focus on the constitutional principles of religious freedom and autonomy, particularly in matters of property management and religious administration.

The Supreme Court’s decision on this case will likely have a far-reaching impact on the governance of religious institutions and the management of religious properties in India. Legal experts suggest that the court’s ruling could establish important precedents for how the government regulates religious affairs in the future.

Key Arguments from Petitioners and Respondents

Petitioners: The petitioners, led by senior advocate Kapil Sibal, argue that the amendments introduced under the Waqf Amendment Act 2025 violate fundamental rights and could potentially lead to state intervention in religious matters. They have called for an interim stay on the implementation of the law until the Supreme Court has fully considered the constitutional challenges raised against it.

Respondents (Government): The government, represented by Solicitor General Tushar Mehta, defends the amendments, emphasizing the consultation process that involved millions of stakeholders. The government argues that the amendments are designed to improve the management and utilization of Waqf properties, making them more efficient and beneficial for the public.

What’s Next: The Ongoing Legal Battle

The Supreme Court’s decision on this case is eagerly awaited, as it will have a significant impact on the Waqf system and its governance across the country. If the Supreme Court rules in favor of the amendments, it could lead to widespread reforms in how religious properties are managed, with more government involvement and oversight.

However, if the court rules against the amendments, it could result in the scrapping or significant modification of the Waqf Amendment Act 2025, potentially leading to a reconsideration of how Waqf boards are governed.

The court has been hearing arguments from both sides, with several legal experts and political commentators closely watching the proceedings. This case is being seen as a crucial moment for both religious governance and constitutional law in India, and the outcome will likely shape the future of religious property management in the country.

As the Waqf Amendment Act 2025 faces its legal challenges in the Supreme Court, the issue of government involvement in religious matters remains at the heart of the debate. The court’s decision will determine whether the amendments strike a balance between efficient governance and the autonomy of religious organizations. The case is set to have a lasting impact on how Waqf properties are managed in India, and it will influence the future of religious freedoms in the country.

The Supreme Court’s ruling is expected to address the concerns raised by petitioners while also considering the government’s efforts to ensure transparency and accountability in the administration of Waqf assets. This case highlights the ongoing tension between government intervention and the protection of religious autonomy in India’s complex legal and political landscape.