The Supreme Court will pronounce its order on September 15 regarding interim relief sought in a batch of petitions challenging the Waqf (Amendment) Act, 2025. The petitioners have argued that the law singles out the Muslim community, imposes discriminatory burdens on Islamic endowments, and undermines the secular constitutional framework.
A bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih had reserved its order on May 22.
The petitioners contended that the 2025 amendment violates Articles 15, 25, 26, and 29 of the Constitution, noting that no similar provisions exist in the endowment laws of other religions—such as the Tamil Nadu Hindu Religious and Charitable Endowments Act, the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, or the Uttar Pradesh Shri Kashi Vishwanath Temple Act, 1983.
Defending the amendment, the central government argued that while waqf has Islamic roots, it is not an essential religious practice. It said that Waqf Boards perform primarily administrative and secular functions, such as managing properties, maintaining accounts, and conducting audits.
Drawing a distinction with Hindu religious endowments, the government stated: “Hindu endowments deal with religious activities, including appointing pujaris. Waqf Boards do not touch upon any religious activity.” It also defended Section 3E of the Act, which prohibits the creation of waqfs on land in Scheduled Areas, claiming it was intended to protect tribal rights. The court was told that waqf creation is irreversible and that, in many cases, tribal lands were being encroached upon under its garb.
In its preliminary affidavit, the Centre sought dismissal of the petitions, asserting that the amendments regulate only the secular aspects of property management and do not infringe upon religious freedoms guaranteed under Articles 25 and 26 of the Constitution. It urged the apex court not to stay any provisions of the Act, emphasizing that courts ordinarily do not stay statutory provisions but instead decide such matters finally.