#waqfamendmentact

The Supreme Court today commenced hearings on a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which has stirred controversy for potentially infringing upon the rights of the Muslim community. Over 100 petitioners, including individuals and organizations, have moved the top court against the amendments, which they argue undermine religious autonomy and property rights.

A bench led by Chief Justice B.R. Gavai and Justice Augustine George Masih is deliberating on the case, which was initially deferred on May 15 for further consideration. The court is expected to review arguments for granting an interim stay on the provisions of the Act while legal proceedings unfold.

The petitions raise several significant concerns. One key issue revolves around the power granted to courts to denotify properties previously declared as waqf, as well as the classification of waqf properties by deed or usage. Petitioners argue that this provision could lead to the undue seizure of properties belonging to religious trusts, and they seek an interim stay on this measure.

Another point of contention is the composition of the state waqf boards and the Central Waqf Council. Petitioners argue that these boards should exclusively comprise Muslim individuals, with the exception of ex-officio members, claiming that this would ensure proper representation and protection of the community’s interests.

The third issue raised pertains to a provision in the law stating that a waqf property may be treated as government land following an inquiry by the collector. Petitioners have contested this, asserting that such a provision could lead to the loss of waqf land, undermining the religious and cultural heritage associated with these properties.

In the last hearing, Chief Justice Gavai clarified that the Court would not entertain any challenges to the original Waqf Act of 1995 within the scope of these petitions. Instead, the current focus will remain solely on the constitutional validity of the 2025 amendments.

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