SRINAGAR: The Supreme Court will pronounce its interim order on September 15 on three contentious provisions of the Waqf Act, 2025, including the power to denotify properties declared as waqf, according to the cause list uploaded on the court’s website.
A bench led by Chief Justice B R Gavai had reserved the order on May 22 after three days of arguments from petitioners challenging the law and Solicitor General Tushar Mehta, appearing for the Centre.
The issues identified by the bench include the power to denotify waqf properties declared by courts, by deed, or by user; the composition of state waqf boards and the Central Waqf Council, which petitioners argue should consist solely of Muslims except ex-officio members; and a provision that excludes properties from being treated as waqf if a collector finds them to be government land.
The Centre defended the Act, stating that waqf was a secular concept and not an essential practice of Islam, emphasising the presumption of constitutionality in favour of a law passed by Parliament. It also opposed any blanket stay on the legislation.
Senior advocate Kapil Sibal, representing the petitioners, contended that the law marks a “complete departure from historical legal and constitutional principles” and allows the “capture of waqf through a non-judicial process.”
The Waqf Act, 2025, received President Droupadi Murmu’s assent on 5 April after being passed by Parliament, with 288 Lok Sabha members voting in favour and 232 against, and 128 members of the Rajya Sabha backing it while 95 opposed.
