SC defers hearing on Waqf (Amendment) act challenge; next date set for may 15

Centre had earlier halted key provisions under the amended Waqf Act; petitioners question inclusion of ‘Waqf by user’ and non-Muslim representation

New Delhi, May 5, 2025

On Monday, the Supreme Court postponed a hearing on a group of petitions contesting the constitutionality of the Waqf (Amendment) Act, 2023. The next hearing is now set for May 15. The delay is due to awaiting replies from the Centre and further preparation by the petitioners.

In the past, on April 17, the Centre promised the Supreme Court that until May 5, it would not notify waqf assets in the “user by waqf” category or make any nominations to the Central Waqf Council or state waqf boards. Solicitor General Tushar Mehta gave the assurance before a bench of Chief Justices Sanjiv Khanna, Sanjay Kumar, and K.V. Viswanathan.

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The government had argued that the law was passed after due parliamentary debate and that no interim stay should be granted without hearing the Centre’s position in full. The court, taking note of these submissions, had earlier granted the Centre one week to file its preliminary reply and fixed May 5 as the hearing date.

The petitions challenge specific provisions of the amended law, including the inclusion of non-Muslims on waqf boards and the notification of properties under the “user by waqf” category. Petitioners argue that these changes infringe upon the autonomy of Muslim religious and charitable institutions and could lead to misuse of property rights.

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The Supreme Court had also observed that existing waqf properties, including those already registered or notified under “user by waqf,” would remain unaffected until the next hearing, and no fresh notifications would be issued in the interim.

The matter is now scheduled for a crucial hearing on May 15, with the Centre expected to clarify its legal position in response to the constitutional challenge.