The Supreme Court on Monday posted for May 15 the hearing on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 before a bench headed by Chief Justice of India-designate Justice B R Gavai.

Chief Justice Sanjiv Khanna headed a bench also comprising Justice PV Sanjay Kumar and Justice K.V. Viswanathan said that even for passing any interim order a “lengthy hearing” was required, and therefore decided not to reserve any judgment or pass interim order at this stage.

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Chief Justice Sanjiv Khanna retires on May 13, 2025. He will be succeeded by the Chief Justice designate Justice B.R. Gavai.  Justice B.R. Gavai will be sworn in as Chief Justice of India on May 14, 2025.

“I do not want to reserve any judgment or interim order at this stage. This matter will have to be heard on a reasonably early date and this will not be before me. If you all agree, we will post it before a bench of Justice Gavai,” CJI Khanna said while posting the matter for May 15.

At the outset, the bench said it had gone through the Centre’s preliminary affidavit and the rejoinders filed by the petitioners, particularly noting the issues raised regarding the registration of Waqf properties.

Seeking the dismissal of the petitions challenging the Waqf (Amendment) Act 2025, the central government in its preliminary affidavit on April 26, 2025, has told the Supreme Court that the Waqf (Amendment) Act 2025, limits itself to secular dimensions of the Waqf – like record management, procedural reforms, and administrative structure – and does not infringe upon the religious freedoms – ritual, prayer, or fundamental Islamic obligations- guaranteed under Article 25 and 26 of the constitution of India.

Asserting that the Waqf (Amendment) Act 2025, does not interfere with the essential religious practices of the Muslims, the Central government has said, “It is submitted that therefore the Act, by confining itself to non-essential practices, steers well clear of infringing the religious freedoms guaranteed by the Constitution.”

“Importantly, the creation, management, regulation and maintenance of waqf – which is the primary responsibility of the State Boards, often involves dealing with non-Muslim communities and affects their rights, particularly their right to property. In such a scenario, having an inclusive panel with merely three members [out of 11 in Waqf Boards] as non-Muslims and an overwhelming majority of members from the Muslim community, balances the constitutional equities on both sides. The same arguments hold good for the advisory body of Waqf Council”, says the Centre in its reply affidavit.

On the Waqf by users and the presence of non-Muslims on the Waqf Council and the Waqf Board, the Centre has said that for the last 100 years waqf by user is recognised only upon registration and there will be maximum of 3 to 4 non-Muslims among 22 members in the Waqf Council and Waqf Boards, a measure that is representative of inclusiveness and not intrusive of the administration of Waqfs.

Earlier, the Solicitor General Tushar Mehta had assured the Supreme Court that key provisions of the Waqf (Amendment) Act, 2025 — particularly the inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, and the de-notification of Waqf properties — would not be given effect to for the time being.

The Solicitor General had also assured that no appointments would be made to the Waqf Boards or Council until the court decides on the matter.

The Waqf (Amendment) Bill, 2025, was passed by Parliament and was accented by President Droupadi Murmu on April 5.

A large number of petitions have been filed by individuals and the organizations contending that the amendments are discriminatory towards the Muslim community and violate their fundamental rights.

The court had earlier indicated that it may consider passing interim orders, but deferred that course after Solicitor General Mehta urged the court to first hear the Centre’s response.