Supreme Court to hear interim relief pleas on Waqf amendment act on May 20
New Delhi, May 15: The Supreme Court on Thursday said it would hear petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on May 20, specifically to decide whether interim relief, such as a stay on the law’s implementation, should be granted. According to Bar and Bench, a Bench led by Chief Justice of India (CJI) BR Gavai and Justice AG Masih will examine three contentious provisions:
Removal of “waqf by user” from the definition of waqf,
Inclusion of non-Muslim members in the Central and State Waqf Boards,
Identification of government land as waqf property.
Until a decision is made, the Court noted that the Centre’s earlier assurance, that it will not enforce key parts of the amended Act, will remain in effect. Solicitor General Tushar Mehta had made this assurance during earlier proceedings. “We will grant two hours to each side,” said the Bench, as it scheduled the next hearing for May 20 reports Bar & Bench.
What is the Waqf (Amendment) Act, 2025?
The new law, passed by Lok Sabha on April 3 and cleared by Rajya Sabha on April 4, received Presidential assent on April 5. It amends the Waqf Act, 1995, which governs religious endowments dedicated for Islamic religious or charitable purposes.
Why is the law being challenged?
A batch of petitions filed by Congress MP Mohammad Jawed, AIMIM MP Asaduddin Owaisi, and others argue that the amendments:
Discriminate against Muslims by selectively targeting Islamic religious institutions;
Interfere with religious freedoms guaranteed under Article 26 of the Constitution;
Undermine historic religious sites, such as old mosques or graveyards, that have existed for centuries without formal documentation.
Of particular concern is the removal of “waqf by user”, a principle that recognises land as waqf based on long-term public use for religious purposes. Critics say this move could strip historical sites of their religious status.
What does the Centre say?
In its response, the Union government defended the amendment, saying it was necessary to prevent misuse of waqf laws. It pointed out that after the last amendment in 2013, the area registered as waqf properties increased by 116%, suggesting that many claims were questionable.
The government argued:
Waqf by user was being misused to encroach upon private and government land;
The law does not prevent religious endowments, but merely insists they be properly registered;
The inclusion of non-Muslims in Waqf Boards does not violate Muslim rights, as their presence is minimal and intended to promote inclusivity.
Who supports the law?
Six BJP-ruled States, Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam have filed intervention applications in support of the amendment. They argued that changing or overturning the law would affect how they manage land and public property.
What happens next?
The Supreme Court will now hear both sides on May 20 to decide whether any part of the new law should be temporarily halted while the main case continues. Former CJI Sanjiv Khanna had earlier recused himself from hearing the matter, and it was reassigned to the current CJI-led Bench. The case marks a key constitutional test involving minority rights, religious freedom, and the limits of government regulation over religious endowments.
