The Supreme Court is scheduled to hear on Monday a batch of pleas challenging the Waqf (Amendment) Act’s constitutional validity, weeks after the government paused two central aspects of the contentious law in the face of probing questions by the top court.
The Centre assured the apex court on April 17 that it would neither denotify waqf properties, including “waqf by user”, nor make any appointments to the Central Waqf Council and boards till May 5.
Solicitor General Tushar Mehta, appearing for Centre, made the assurance while informing a bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan that the law, passed by Parliament with “due deliberations”, should not be stayed without hearing the government.
The Centre had also strongly opposed the apex court’s proposal to pass an interim order against the denotification of Waqf properties, including ‘waqf by user’, aside from staying a provision allowing the inclusion of non-Muslims in the Central Waqf Council and boards.
The top court had noted the submissions of Mehta and said that waqf properties, including ‘waqf by user’, already registered or declared by way of notification, shall not be disturbed and denotified till the next date of hearing.
It had then granted a week’s time to the Centre to file a preliminary response to the pleas challenging the validity of the law and posted the matter on May 5.
The three-judge bench of the Supreme Court will hear on Monday the batch of five petitions which are now titled In Re the Waqf (Amendment) Act, 2025 and other related fresh pleas on the issue. The batch of pleas include the one filed by AIMIM chief and Hyderabad MP Asadudding Owaisi.
In its affidavit on April 25, the Centre defended the amended Act and opposed any “blanket stay” by the court on a “law having presumption of constitutionality passed by Parliament”. Justifying a provision on “waqf by user” properties, it said any interference would create a “legislative regime by a judicial order”.
Waqf by user refers to a practice where a property is recognised as a religious or charitable endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there isn’t a formal and written declaration of waqf by the owner.
In a 1,332-page preliminary counter-affidavit, the Ministry of Minority Affairs referred to the provisions of the old waqf laws and said the registration of waqf properties, including ‘waqf by user’, has been mandatory since 1923.
The government said the Waqf (Amendment) Act, 2025, respects the essential religious practices of Muslims by leaving matters of faith and worship “untouched”.
It had claimed an addition of 20 lakh acre of waqf land post the law’s 2013 amendment and flagged “misuse” of waqf provisions to encroach upon private and government properties.
The Centre urged the apex court to dismiss the pleas against the Waqf (Amendment) Act and termed it “really shocking” that there was a 116 per cent rise in the auqaf area after the 2013 amendment.
“Right before even the Mughal era, pre-Independence era and post-Independence era, the total of wakfs created was 18,29,163.896 acres of land in India,” it had claimed, adding, “Shockingly, after 2013, the addition of wakf land is 20,92,072.536 acres.” The affidavit claimed the figures were voluntarily uploaded by the respective waqfs and waqf boards on the Waqf Management System of India portal.
It argued, “Despite there being a regime of mandatory registration of all kinds of waqf including ‘waqf by user’ making registration mandatory almost since a century, i.e. since 1923, individuals or organisations used to claim private lands and government lands as waqf including under ‘waqf by user’ which not only lead to deprivation of valuable property rights of individual citizens but similarly unauthorised claims over public properties.” The All India Muslim Personal Law Board (AIMPLB), a prominent Muslim body has accused the Centre of submitting incorrect data in the top court and sought action against the officer concerned for filing a “false affidavit”.
The board has expressed serious objections to the statement made by the government that there has been a “shocking increase” in the number of Waqf properties uploaded in the central portal after 2013.
The top court recently refused to entertain any fresh plea against the Waqf (Amendment) Act, 2025, saying it had already been made clear that the court would hear only five of the over 70 litigants on the issue.
The Centre notified the Waqf (Amendment) Act, 2025 last month after it got President Droupadi Murmu’s assent on April 5. The Bill was cleared by the Lok Sabha with the support of 288 members while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.
Several political parties such as the DMK, YSRCP, AIMIM, the Left parties, civil society groups such as NGOs, Muslim bodies and others have moved the apex court challenging the validity of the Act. (Agencies)
