Supreme Court update on the Waqf (Amendment) Act case, next hearing on May 05, 2025

Today (April 17, 2025), the Supreme Court (SC) of India continued hearing the petitions challenging the constitutionality of the Waqf (Amendment) Act 2025. The SC bench of Chief Justice of India (CJI) Sanjiv Khanna, Justice PV Sanjay Kumar, and Justice KV Viswanathan was hearing the matter. In today’s hearing, the Centre told the top court that certain provisions of the Act, addressed herein, such as the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, and de-notifying properties declared as waqf by courts till the next date of hearing. The bench recorded the statement in its order, “During the course of the hearing, Solicitor General states that the Union would like to put a response within 7 days. He further assures the Court that no appointments will be made to the Council and the Board under Sections 9 and 14. Till the next date of hearing, Waqf, including Waqf by user, already registered or declared by way of notification, shall neither be de-notified or the Collector will change. We take the statement on record.” Also, the top court posted the matter for May 05, 2025, for the next hearing and changed the case title to ‘In Re: Waqf Amendment Act’. 

During the proceedings, Solicitor General of India Tushar Mehta said that a direct or indirect stay of a legislation is an extraordinary measure. He added that the same cannot be done based on a mere tentative reading of the provisions, “We have received lakhs and lakhs of representations which contributed to some of these amendments. Villages were taken as waqfs. Private properties were taken as waqfs. This affects a large number of innocent people.” Further, the SG requested 1 week to produce materials, stating, “Your lordships are taking a serious and harsh step by staying directly or indirectly statutory provisions without proper assistance.” The CJI replied, “Mr. Mehta, we have a particular situation. We pointed out certain infirmities. We also said there are some positive things. But we don't want the situation prevailing today to change so drastically that it affects the rights of the parties. There are provisions such as 5 years practice of Islam, we are not staying that. Yes, you are right. There is a thumb rule, that Courts won't ordinarily stay legislation. But there is another thumb rule, when the petition is pending before the Court, the situation which is prevailing should not change so that the rights of persons are not affected.”