In a significant legal development, the Supreme Court of India is set to hear petitions challenging the Waqf Amendment Act, 2025, which critics argue undermines the historical connection between waqfs and Islam. The court’s decision, expected on Monday, will determine whether any interim orders will be issued pending a full hearing. Central to the contention is Article 26 of the Constitution, which safeguards the right to freely practice religious affairs.
A three-judge bench led by Chief Justice Sanjiv Khanna, who is scheduled to retire on May 13, will navigate a complex landscape of legal arguments as it examines over 150 petitions. The court has selected five key petitions, collectively designated “In Re: The Waqf Amendment Act,” to streamline proceedings and limit the number of attorneys presenting arguments. Despite this measure, legal experts anticipate that the discussions regarding the necessity of an interim order will be time-consuming, as various counsels aim to introduce fresh perspectives.
The government firmly defends the Amendment as secular, accusing petitioners of distorting its intent and falsely alleging interference in religious practices. This assertion is particularly directed at the law’s requirement for the registration of all waqfs, including those established through user designation. The Ministry of Minority Affairs has voiced that this mandate is steeped in over a century of legal precedent.
In a comprehensive 1,332-page affidavit presented to the Supreme Court, the ministry has urged the court to uphold the validity of the parliamentary law and conduct a thorough hearing without imposing a stay. The government contends that the Waqf Amendment is necessary to mitigate misuse associated with the previous 2013 amendments, which allegedly facilitated unauthorized encroachments on both private and government properties.
The ministry has raised critical points of contention regarding the 2025 law, including the legitimacy of registration documentation for waqf properties, the inclusion of non-Muslims in Waqf Councils and Boards, and the classification of government land. The Ministry argues that despite a long-standing challenge to the Waqf Act of 1995, the court has never deemed it appropriate to suspend specific provisions of this three-decade-old legislation.
“Until 2013, the total area governed by waqf was 18.3 lakh acres. However, following that year, an additional 20.9 lakh acres were incorporated into waqfs, bringing the total to a staggering 39.2 lakh acres,” the ministry asserted. This alarming expansion underscores the government’s rationale behind advocating for the Amendment, framing it as a necessary step toward regulating and safeguarding religious properties effectively.
As the Supreme Court prepares to deliver its verdict, the stakes are high for both the petitioners and the government. The outcome could reshape the landscape of waqf legislation in India and redefine the relationship between religious institutions and the state. All eyes will be on the bench as they deliberate on these pivotal issues that resonate deeply within the fabric of Indian society and religion.
Original Source: https://timesofindia.indiatimes.com/india/supreme-court-to-decide-today-if-interim-order-needed-on-waqf-pleas/articleshow/120879688.cms
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Publish Date: 2025-05-05 01:18:00
