Overview

• A bench led by Chief Justice B.R. Gavai and Justice A.G. Masih issued notices on May 27 to the Union and state governments after Nikhil Upadhyay’s petition contested the constitutional validity of provisions in the Waqf Act, 1995.
• The court criticized the 30-year delay in challenging the original Act and questioned why grievances against the 1995 law were raised only in 2025 despite earlier opportunities.
• Petitioners argue the Act discriminates by governing only Muslim endowments without parallel laws for other faiths and urge the enactment of a uniform law for all religious trusts.
• On May 22 the Supreme Court reserved interim orders on three contested provisions of the Waqf (Amendment) Act, 2025, including removal of the ‘waqf by user’ concept and inclusion of non-Muslims in waqf boards.
• The Union government defends the legislation as protecting a secular concept of waqf and asserts a presumption of constitutionality under the Indian Constitution.