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3mo ago

Supreme Court Reserves Interim Orders on Waqf Act Challenges

The court completed hearings on petitions questioning the constitutional validity of the Waqf (Amendment) Act, 2025, with interim orders pending on key provisions.

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Supreme Court reserves interim order in Waqf case, to deliver verdict on Friday.
The Centre represented by Solicitor General Tushar Mehta, in his concluding arguments, told the court that the law since 1923 always required only Muslims to dedicate their property to Allah as waqf. (HT PHOTO)

Overview

  • The Supreme Court has reserved interim orders on three core issues: waqf-by-user, board composition, and property determination under the Waqf (Amendment) Act, 2025, following three days of arguments.
  • Petitioners, including MPs and civil society groups, argue the law infringes on Muslims' constitutional rights to religious autonomy and discriminates against their community.
  • The Centre defended the amendments as secular, transparency-driven reforms aimed at curbing misuse of waqf properties, citing a 116% rise in disputed waqf land since 2013.
  • Key provisions under scrutiny include the abolition of waqf-by-user, the inclusion of non-Muslims in waqf boards, and restrictions on creating waqf in Scheduled Areas to protect tribal interests.
  • The court emphasized the presumption of constitutionality for enacted laws, stating interim relief requires a strong case, while a final verdict remains pending.