Waqf Dispute: Supreme Court to Decide on Interim Order

NEW DELHI — The Supreme Court on Thursday said it would hear a select group of advocates on May 20, representing several Muslim petitioners challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The hearing will be limited to determining whether an interim order is necessary and, if so, what form it should take.

Solicitor General Tushar Mehta informed the bench that the government has submitted a detailed affidavit addressing the three key concerns raised by the court in its April 17 order: the nomination of non-Muslims to the Central Waqf Council and state waqf boards, the legality of waqf-by-user claims without supporting documentation, and the process for designating government land as waqf property.

SC Rules Out Challenge to 1995 Waqf Act

Expressing frustration at the disorganized representation from the petitioners, Chief Justice B.R. Gavai and Justice A.G. Masih noted that with multiple senior advocates speaking on behalf of the Muslim parties in conflicting tones, the court was unable to make progress. "If merely scheduling the hearing is taking this long and there is confusion about who should argue, the hearing cannot proceed," the bench observed.

The bench directed senior advocate Kapil Sibal, representing the lead petitioners, to coordinate with other counsels and file a consolidated written submission by Saturday, outlining the necessity and scope of any interim relief. The court also asked SG Mehta to file the government’s written response by Monday.

During the proceedings, advocate Vishnu Shankar Jain sought the court's permission to argue a broader challenge against both the Waqf Act of 1995 and the 2025 Amendment, alleging that the legislation is discriminatory on religious grounds. The bench, however, pushed back. "How can you challenge the 1995 Act after 30 years?" the judges asked.

Jain responded that the 2025 Amendment perpetuates the inequality introduced by the original 1995 Act. The court, however, made its stance clear: “Do not conflate the issues. We will not entertain any attempt to challenge the 1995 Act. Just because the 2025 Amendment is under scrutiny, it does not open the door for a fresh challenge to the original legislation.”

Meanwhile, Sibal requested that the government maintain its current assurances on key issues until the next hearing. Mehta confirmed that the assurances would remain in place until May 20.