Waqf Act Challenge: Supreme Court Lists Pleas Before Justice Gavai-Led Bench On May 15

The Supreme Court on Monday scheduled the hearing of a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 for May 15, 2025.

The Bench headed by Chief Justice of India (CJI) Sanjiv Khanna, along with Justice Sanjay Kumar and Justice KV Viswanathan, observed that the matter will be heard by a different bench as the CJI is demitting office on May 13.

During the brief proceedings, CJI Khanna remarked that the Bench had not delved into the counter affidavit in depth. He noted that while certain issues around registration and statistics had been raised, “those will require closer scrutiny.” He clarified that he did not intend to pass any interim order or reserve judgment at this stage.

“If all parties agree, we can list the matter before a bench led by Justice Gavai on Wednesday,” the CJI suggested.

Solicitor General Tushar Mehta stated he had no objection. Senior Advocate Abhishek Manu Singhvi, appearing for one of the petitioners, requested a hearing next week instead, to which the CJI agreed.

“Then let’s list it next Thursday before a bench led by Justice Gavai,” the CJI said.

In a light-hearted remark, Singhvi quipped, “Justice has found an efficient way to get rid of us,” drawing smiles in the courtroom.

The matter will now be heard on May 15 before a new bench led by Justice B.R. Gavai, after CJI Khanna retires.

Previously before Court

The All India Muslim Personal Law Board, in a rejoinder to the preliminary affidavit filed by the Centre, last month have asserted that the recent legislative changes in the Waqf (Amendment) Act, 2025, infringe upon fundamental rights and were passed through a flawed parliamentary process. The Board argued that the Respondents’ defense, that the amendments do not affect essential religious practices, is legally untenable. It stated that compelling the Petitioners to undergo the “Essential Religious Practices” (ERP) test is not only constitutionally misplaced but also ignores the evolution of Indian constitutional jurisprudence.

Defending the Act, the Association for the Protection of Civil Rights (APCR) has strongly opposed the plea, terming it “misleading,” “surreptitious,” and a “misuse of judicial process.” The APCR has contended that the petition lacks locus standi, fails to present any credible evidence or injury, and seeks to propagate unsubstantiated communal narratives regarding the alleged encroachment of Hindu religious land.

Last month, the Central Government has submitted a detailed preliminary affidavit before the Supreme Court, defending the constitutional validity of the Waqf (Amendment) Act, 2025, and opposing interim reliefs sought by petitioners challenging the law.

On April 24, in a detailed preliminary counter affidavit filed before the Supreme Court, the Kerala State Waqf Board had strongly opposed the Waqf (Amendment) Act, 2025, describing the newly enacted law as “unconstitutional,” “discriminatory,” and “subversive of secularism.” The Board had warned that the amendments pose a serious threat to the autonomy of religious institutions, the federal structure of the Constitution, and fundamental rights guaranteed under Articles 14, 15, 25, 26, and 30.

It is to be noted that on April 17, the Supreme Court had directed the Centre not to act upon the controversial provisions of the Act until further hearing, allowing State Governments and Waqf Boards to submit their responses.

The Bench had recorded that Solicitor General (SG) Tushar Mehta, appearing for the Union of India, assured the Court that the Centre would file its preliminary response within 7 days.

Earlier, Senior Advocate Kapil Sibal, appearing for one of the petitioners challenging the Waqf Amendment Act, had argued that the law empowers the State to assess one’s religious identity and interferes in matters of inheritance and religious autonomy. “Who is the State to judge whether I am a Muslim?” Sibal had argued, taking exception to the five-year practicing Muslim condition for setting up a waqf.

The Court had questioned the government’s rationale for allowing a majority of non-Muslims in the Waqf advisory bodies while denying the same logic to Hindu endowment boards. “Mr. Mehta, are you saying that from now on, you will allow Muslims to be part of Hindu endowment boards? Say it openly,” CJI Khanna had asked pointedly, after it was revealed that, apart from two ex-officio members, only eight out of twenty-two members of the Waqf Council would be Muslims.

About the Bill

Notably, the bill, introduced by Union Minority Affairs Minister Kiren Rijiju on August 28, 2024, in the Lok Sabha, aimed to amend the Waqf Act, 1995, to address management issues surrounding waqf properties.

Case Title: In Re: The Waqf (Amendment) Act, 2025 (1)

Waqf Act Challenge: Supreme Court Lists Pleas Before Justice Gavai-Led Bench On May 15

Previously before Court

About the Bill

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