Waqf Amendment Act Under Legal Scrutiny: Supreme Court Defers Hearing Until May 15 as CJI Khanna Nears Retirement

KKN Gurugram Desk | The Supreme Court of India on Monday deferred the hearing of petitions challenging the constitutional validity of the Waqf Amendment Act, 2025. The matter, previously addressed on April 17, had already led to an interim halt on the denotification of Waqf properties and new appointments to the Central Waqf Council and related boards.

Chief Justice Sanjiv Khanna, who presided over the hearing, observed that the case required detailed arguments before any interim relief could be considered. As CJI Khanna is set to retire on May 13, the matter will now be heard by Justice B.R. Gavai, who will take oath as the new Chief Justice on May 14. The next hearing is scheduled for May 15, 2025.

 Background: What Is the Legal Dispute About?

Multiple petitions have been filed in the Supreme Court challenging the Waqf (Amendment) Act 2025, alleging that the law is unconstitutional and infringes on property rights, especially concerning the registration and control of Waqf properties across India.

On April 17, 2025, the Supreme Court had already issued an interim order, staying:

• The denotification of any existing Waqf properties

• Any new appointments to the Central Waqf Council and state Waqf boards

• Any administrative changes until the petitions are conclusively heard

The Union Government was directed to submit a detailed affidavit, and the petitioners were granted time to file a rejoinder.

 What the Government Stated in Its Affidavit

The Ministry of Minority Affairs, representing the Union Government, submitted a 1,332-page affidavit defending the new Waqf Act provisions. Key points included:

• The concept of Waqf by user is legally valid and has been in place since 1923.

• The 2025 amendment, according to the Centre, does not interfere with matters of faith or religious practice.

• The registration of Waqf properties is necessary for legal and administrative clarity.

The Centre argued that the amendment respects the religious practices of Muslims while strengthening oversight and accountability in the management of Waqf properties.

Furthermore, the affidavit claimed that:

• Since the 2013 amendment, Waqf land has increased by 20 lakh acres.

• The 2025 update intends to address alleged misuse of Waqf provisions to encroach upon private and government properties.

• The petitioners’ challenge is legally unfounded, and the Supreme Court should dismiss the petitions.

 Alarming Data: Waqf Land Increased by 116%

One of the most striking claims in the government’s affidavit is that Waqf-registered land has increased by 116% since the 2013 amendment, raising concerns about the extent of encroachments on both public and private lands under the garb of religious endowment.

The Centre has labeled this trend as “shocking and unprecedented” and a key reason for reform through legislation.

 Response from the All India Muslim Personal Law Board (AIMPLB)

In its counter-affidavit, the All India Muslim Personal Law Board (AIMPLB) disputed the government’s figures and narrative. Key objections included:

• The Centre is allegedly misleading the Supreme Court with exaggerated statistics.

• The real intention, according to AIMPLB, is to undermine religious rights and delegitimize valid Waqf claims.

• The Board emphasized that the Waqf Amendment Act should be evaluated in the context of minority protection, not just land records.

 Next Steps in the Legal Timeline

With CJI Sanjiv Khanna retiring on May 13, Justice B.R. Gavai will assume charge on May 14 and hear the case on May 15.

This timeline is crucial, as it marks:

• A transition in leadership at the top of the judiciary

• A critical hearing in one of the most significant constitutional cases concerning religious property law in India

 What Is ‘Waqf by User’?

The concept of Waqf by user refers to properties that have been continuously used for religious or charitable purposes (e.g., a mosque, graveyard, or dargah) for a long time, even if there’s no formal deed of declaration or registration.

The legality of this concept is central to the dispute, as critics argue it allows for informal acquisition or retroactive claims over lands not officially documented as Waqf.

 Public and Political Reactions

The legal challenge to the Waqf Act has sparked strong reactions from both civil society and political parties.

• Opposition parties like the DMK have raised concerns about the timing and intent of the government’s affidavit.

• Some legal experts argue that clarity and digitization of Waqf records is long overdue, while others say the amendments could undermine constitutional safeguards for minorities.

The debate around the Waqf Amendment Act represents a broader legal and social battle over land rights, religious autonomy, and government regulation. With major stakeholders like the Union Government, AIMPLB, and state boards involved, the Supreme Court’s final ruling could redefine how Waqf properties are registered, governed, and protected.

As the legal community and public await the May 15 hearing, the case is shaping up to be a landmark moment in India’s ongoing dialogue between religious freedom, property rights, and constitutional governance.