CJI Gavai-led Bench to hear petitions against Waqf law on May 15

Over a 100 petitioners have moved the top court against the amendments, saying that they infringed upon the rights of Muslims

A Bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih is scheduled to hear the challenge to the Waqf (Amendment) Act, 2025, in the Supreme Court on Thursday.

The case last came up before a three-judge Special Bench led by Chief Justice Gavai’s predecessor, Justice Sanjiv Khanna, on May 5. Justice Khanna had at the time expressed reluctance to continue hearing the case, saying he had very little time till his retirement on May 13.

The May 5 hearing had been scheduled for arguments on a plea to stay the implementation of the 2025 amendments to the Waqf law, which, according to the petitioners, interfered with the right of Muslims to manage their own religious affairs and properties.

Prior to May 5, the Bench of Justices Khanna, Sanjay Kumar and K.V. Viswanathan had nudged the government on April 17 into coming out with a statement in open court that it would not change the character or alter the status of waqf properties across the country on the basis of these amendments. The Bench had recorded the statement in its April 17 order.

Govt. defence

The interregnum between the April 17 hearing and May 5 had seen the government file an affidavit in court, highlighting the “phenomenal increase” in waqf assets in the decade between 2013 and 2024, while justifying the 2025 amendments as a necessary measure to counter rampant encroachments into government and private properties made in the name of waqfs.

However, Justice Khanna opened the May 5 hearing, saying the issues raised were serious and should be heard finally. However, he had said that with little time left in his tenure, he did not want to reserve orders on the plea for an interim stay of the law. He then posted the case on May 15.

The hearing on May 15 before a two-judge Bench with neither Justice Kumar or Justice Viswanathan on board may indicate what lies ahead.

The case has over a 100 petitioners. The Supreme Court had converted the case into a suo motu one in order to avoid repetitive petitions from being filed.

The petitions have argued that the 2025 amendments infringed upon and prejudiced the rights of Muslims across the country. The amendments fundamentally altered the governance, creation, and protection of waqf properties — Islamic endowments dedicated perpetually to Allah for religious and charitable purposes. The enhanced role of state in the waqf administration impinged on the right of the Muslim community to manage its institutions.

The petitions have highlighted that the amendments omitted the concept of ‘waqf-by-user’ affirmed by the Supreme Court itself as a property that would attain the status of waqf through long-standing religious use. Further, an amendment to the composition of the Waqf Board and the Central Waqf Council has mandated inclusion of non-Muslim members in waqf administrative bodies, they noted.

Published - May 14, 2025 11:48 pm IST