Supreme Court Hears Challenges to Waqf Amendment Act 2025

Waqf Amendment Act Supreme Court India Muslim Rights Legal Challenges

May 3, 202611 min readAsia

Supreme Court Hears Challenges to Waqf Amendment Act 2025

Legal battles over Waqf properties and community rights unfold

{"results": [{"url": "https://www.thehindu.com/news/national/supreme-court-hearing-pleas-challenging-waqf-amendment-act-may-5/article69539034.ece", "title": "Supreme Court to hear batch of pleas challenging Waqf (Amendment) Act today - The Hindu", "author": "PTI", "summary": "Summary:\n\n- Topic: The Supreme Court is set to hear a batch of pleas challenging the Waqf (Amendment) Act, 2025, as of May 5, 2025.\n- Context: The government had paused two central aspects of the Act till May 5 and assured the Court it would not denotify waqf properties (including \u201cwaqf by user\u201d) or appoint to the Central Waqf Council/boards until then.\n- Key points:\n - Centre informed the Court that the Act, passed after due deliberations, should not be stayed without hearing the government.\n - The Court had earlier indicated that waqf properties already registered or denotified would not be disturbed until the next hearing.\n - The upcoming batch of pleas includes petitions challenging the Act\u2019s constitutional validity, with Asaduddin Owaisi among those filing.\n - Centre\u2019s defense emphasizes preserving constitutionality and cautions against judicial overreach into a legislative regime.\n- What to watch next: The May 5 hearing will address the pleas challenging the Act\u2019s validity, the status of denotifications, and the inclusion of non-Muslims in Central Waqf Council/boards as per the amendments.\n\nNote: This summary focuses on the Supreme Court proceedings and the Waqf (Amendment) Act context as of the reported date. If you\u2019re looking for details specifically tied to a report from Indian Express in April 2025 mentioning Mohammad Jawed or Kishanganj, please provide the exact link or clarify, as the current article excerpt centers on The Hindu\u2019s coverage of the Court proceedings."}, {"url": "https://www.thehindu.com/news/national/supreme-court-verdict-on-waf-amendment-act-2025-updates-on-september-15/article70051168.ece", "title": "SC hearing on Waqf (Amendment) Act updates: Top court order welcomed by political parties", "author": "The Hindu Bureau", "summary": "- The page reports on the Supreme Court hearing related to the Waqf (Amendment) Act, 2025, and notes that the Court has partially stayed the Act.\n- It highlights that multiple political parties have welcomed the top court's order.\n- The article situates the development within ongoing political and legal discussion around Waqf reforms in India.\n- If you\u2019re researching the Kishanganj/April 2025 angle or specific quotes from Mohammad Jawed, this source may be less direct; the piece focuses on court proceedings and reactions rather than a detailed case file or local impacts."}, {"url": "https://www.thehindu.com/news/national/waqf-act-aimplb-questions-correctness-of-centres-affidavit-in-sc/article69536860.ece", "title": "Waqf Act: AIMPLB questions correctness of Centre's affidavit in SC - The Hindu", "author": "PTI", "summary": "Summary:\n\n- Core issue: AIMPLB (All India Muslim Personal Law Board) alleges the Centre submitted an incorrect affidavit in the Supreme Court regarding the Waqf Act, calling for action against the officer responsible for filing a purported \u201cfalse affidavit.\u201d\n- Key contention: AIMPLB disputes the government\u2019s claim of a \u201cshocking increase\u201d in Waqf properties uploaded to the central portal after 2013, arguing the data presented is wrong or misrepresented.\n- Context: The dispute centers on the Waqf Act and the reliability of official data presented to the Supreme Court in related proceedings.\n- Notable gaps for the user\u2019s specific query: The user asked for information from Indian Express (site:indianexpress.com) about \u201cMohammad Jawed,\u201d in April 2025, regarding Supreme Court Waqf Amendment Act Kishanganj. The provided article from The Hindu discusses AIMPLB\u2019s objections to the Centre\u2019s affidavit in the SC, but there is no explicit mention of Indian Express, Mohammad Jawed, or Kishanganj in this piece.\n- What you likely need next: \n - Confirm whether Indian Express published a piece in April 2025 about Mohammad Jawed in relation to the Supreme Court Waqf Amendment Act and Kishanganj.\n - If available, retrieve the Indian Express article for accurate cross-source details (names, dates, court references) and summarize its key claims, findings, and implications.\n- If you want, I can search for the Indian Express article and provide a targeted summary focusing on Mohammad Jawed, Kishanganj, and the Supreme Court Waqf Amendment Act as it appears there."}, {"url": "https://www.thehindu.com/news/national/supreme-court-refuses-to-stay-waqf-amendment-act-2025-in-its-entirety/article70051641.ece", "title": "Supreme Court stays \u2018arbitrary\u2019 waqf changes but upholds Act - The Hindu", "author": "Krishnadas Rajagopal", "summary": "Summary:\n\n- The Hindu reports that on September 15, 2025, the Supreme Court of India stayed several provisions of the Waqf (Amendment) Act, 2025 on the grounds that those provisions appeared prima facie arbitrary.\n- The Court did not strike down the Act entirely, instead preserving the Act while suspending its disputed parts.\n- Key curbed provisions include: (a) new restrictions on proving faith of waqf properties, (b) changes to the nature/type of waqf properties based on doubts, and (c) limits on the number of non-Muslims on waqf councils.\n- The Court held that parliamentary legislation is presumed constitutional, and even discriminatory elements may be justified if grounded in public interest, though it kept the broader legislation in force pending further proceedings.\n- The piece notes a prima facie balance between upholding legislative intent and addressing the concerns about arbitrariness in the amended act.\n\nNote: The user's query mentions Indian Express (Mohammad Jawed, Kishanganj, April 2025) but this article is from The Hindu and discusses the Supreme Court\u2019s interim stance on the 2025 Waqf Amendment Act. If you want coverage specifically from Indian Express on Mohammad Jawed or Kishanganj in April 2025, I can fetch and summarize that article instead."}, {"url": "https://www.thehindu.com/news/national/cji-bows-out-of-waqf-case-skips-decision-on-interim-stay-of-2025-law/article69540495.ece", "title": "CJI Sanjiv Khanna bows out of waqf case, skips decision on interim stay of 2025 law - The Hindu", "author": "Krishnadas Rajagopal", "summary": "Summary tailored to your query:\n\n- The Hindu article reports that Chief Justice Sanjiv Khanna recused from overseeing the Waqf (Amendment) Act case as his tenure nears end, handing hearing duties to his successor-designate, Justice BR Gavai. The next hearing is set for May 15, 2025.\n- The CJI opted not to pass or reserve any interim orders on May 5, 2025, noting the need for more time to review pleadings and case records, and signaling that interim relief would be addressed by Justice Gavai\u2019s bench.\n- The Supreme Court previously avoided granting an interim stay on April 17, 2025, while recording government assurances that no Waqf de-notifications would occur and that non-Muslims would not be appointed to central/state Waqf bodies under the 2025 Act until the next hearing.\n- Justice Gavai takes over on May 14, 2025, for a six-month tenure; the case is part of a broader challenge to the Waqf (Amendment) Act, 2025, with further hearings listed for mid-May.\n\nNote: The query references Indian Express materials from April 2025 about Supreme Court Waqf amendments and Kishanganj, which are not covered in this Hindu article. If you want, I can pull a focused summary from Indian Express specifically addressing Mohammad Jawed, Kishanganj, and the April 2025 Express coverage."}, {"url": "https://www.thehindu.com/news/national/waqf-amendment-act-supreme-court-hearing-live-updates-may-5-2025/article69539914.ece", "title": "Waqf (Amendment) Act SC hearing updates: Pleas listed before Justice Gavai-led Bench on May 15 - The Hindu", "author": "The Hindu Bureau", "summary": "Summary:\n\n- The Hindu reports updates on the Supreme Court hearing related to the Waqf (Amendment) Act, 2024, with a focus on proceedings before a bench led by Justice BR Gavai (noting the judge\u2019s nearing retirement).\n- Key developments:\n - The CJI announced the matter would be listed for further hearing on May 15, 2025, allowing Justice Gavai time to review the issues.\n - The Chief Justice indicated he may adjourn to next week but emphasized the matter should be heard promptly; CJI Khanna retires on May 13.\n - In the prior hearing, the Centre assured the bench that it would not denotify waqf properties (including waqf by user) or appoint to the Central Waqf Council/boards until May 5, and asked the matter not be stayed without hearing.\n - The Supreme Court granted the Centre a brief window to file a preliminary response to the petitions challenging the Waqf Amendment Act.\n - AIMPLB has contested the Centre\u2019s affidavit, alleging incorrect data and calling for action against the officer responsible for the \u201cfalse affidavit.\u201d\n- Context: The petitions challenge the validity of the Waqf (Amendment) Act, 2024 and its implications for waqf properties and governance.\n\nNotes:\n- The user query references a different outlet and date (Indian Express, April 2025, Kishanganj, Mohammad Jawed) not directly covered in this Hindu update. If you want a cross-source briefing comparing The Hindu and Indian Express coverage on Mohammed Jawed and Kishanganj-related angles, I can compile that."}, {"url": "https://www.thehindu.com/news/national/cji-gavai-led-bench-to-hear-petitions-against-waqf-law-on-may-15/article69576232.ece", "title": "CJI Gavai-led Bench to hear petitions against Waqf law on May 15 - The Hindu", "author": "The Hindu Bureau", "summary": "Summary tailored to the user query\n\n- Topic: The Hindu article reports that the CJI Gavai-led Bench at the Supreme Court is set to hear petitions challenging the Waqf (Amendment) Act, 2025. Over 100 petitioners argue the amendments infringe on Muslims\u2019 rights to manage their religious affairs and properties.\n- Court posture: A Bench chaired by Chief Justice B.R. Gavai and Justice Augustine George Masih will hear the petitions on May 15, 2025, following a prior session on May 5 before a three-judge Special Bench led by Justice Sanjiv Khanna.\n- Context: The petitions allege that the amendments undermine Muslim community autonomy in managing Waqf properties and internal affairs.\n\nRelevance to the user\u2019s query:\n- The user\u2019s query cites Indian Express (site:indianexpress.com) and requests April 2025 / Supreme Court / Waqf Amendment Act / Kishanganj / Mohammad Jawed. The Hindu article confirms ongoing Supreme Court review of the Waqf Amendment Act and notes significant petitions filed asserting rights violations, but it does not mention Indian Express, April 2025, Kishanganj, or Mohammad Jawed.\n- If you are seeking coverage specifically mentioning Mohammad Jawed, Kishanganj, or a piece from Indian Express in April 2025, this article does not reference those elements. It focuses on the petitions against the Waqf amendment and the May 15 hearing date in the Supreme Court.\n\nIf you want, I can:\n- Search for Indian Express coverage from April 2025 mentioning Mohammad Jawed, Kishanganj, and the Waqf Amendment Act.\n- Cross-check whether Mohammad Jawed or Kishanganj figures in related petitions or discussions around the Waqf law, and provide a synthesized summary."}, {"url": "https://www.thehindu.com/news/national/supreme-court-asks-about-presumption-of-constitutionality-of-waqf-act-2025-petitioners-say-it-is-a-creeping-acquisition-of-waqf-assets/article69598336.ece", "title": "Waqf Act 2025 is a \u2018creeping acquisition\u2019 of waqf assets, petitioners tell SC, countering presumption of constitutionality - The Hindu", "author": "Krishnadas Rajagopal", "summary": "Summary tailored to your query:\n- Context: The Hindu reports on petitions challenging the Waqf (Amendment) Act, 2025, currently before the Indian Supreme Court. Petitioners argue the act amounts to a \u201ccreeping acquisition\u201d of waqf assets and violates minority rights, despite the court\u2019s presumption of constitutionality for parliamentary laws.\n- Key arguments by petitioners:\n - Section 3C allows any encroacher to initiate disputes, with inquiries handled by government officers, lacking timelines or clear procedures.\n - A dispute over a part of land can freeze the entire waqf status; property could be deemed non-waqf unilaterally, impacting existing uses (schools, hospitals, burial grounds, community centers).\n - The act enables government entry without compensation (in the context of acquisition), encroaching on Article 25 rights of Muslims.\n - Subordination of Muslim members on waqf boards by allowing non-Muslims to participate; concern about unequal treatment compared to other religious endowments.\n - Potential incompatibility with heritage protections: waqf properties designated as protected monuments under 1904/1958 Acts could lose waqf status under Section 3D.\n- Court posture: The Supreme Court heard full arguments for interim relief to stay the Act\u2019s implementation (enacted April 8, 2025). The bench signaled that presumptions of constitutionality favor the statute, but petitioners argued for rebutting that presumption given prima facie breaches and public-interest harm.\n- What the article implies for stakeholders: If interim stay is granted, waqf properties and associated community assets (schools, hospitals, burial grounds) may continue under existing status pending resolution. If not, there could be rapid regulatory changes affecting waqf administration and minority rights.\nNote: The search query mentions Indian Express coverage in April 2025 about the Supreme Court and the Waqf Amendment Act, Kishanganj. The Hindu piece above details the ongoing SC hearing and petitioners\u2019 arguments; the Indian Express article may provide additional perspectives or local implications (Kishanganj) not reflected in this summary. If you want, I can pull and synthesize the Indian Express coverage specific to Kishanganj and the April 2025 timeline."}, {"url": "https://www.thehindu.com/news/national/what-is-the-significance-of-supreme-courts-interim-order-on-2025-waqf-law/article70056076.ece", "title": "What is the significance of Supreme Court\u2019s interim order on 2025 Waqf law? - The Hindu", "author": "Aaratrika Bhaumik", "summary": "- Query focus: The user asks for Indian Express coverage (April 2025) on the Supreme Court Waqf Amendment Act, mentioning Kishanganj and a person named Mohammad Jawed. The provided page is from The Hindu, not Indian Express, and mentions Supreme Court interim order on the 2025 Waqf law, with dates in Sept 2025. There is no April 2025 Indian Express article or reference to Kishanganj or Mohammad Jawed in the supplied text.\n\nWhat this page covers (relevant to the user\u2019s likely interest):\n- The Supreme Court issued an interim order on September 15, 2025, staying certain provisions of the Waqf (Amendment) Act, 2025 while allowing others to stand.\n- Provisions stayed:\n - District Collectors\u2019 power to unilaterally decide whether a property claimed as waqf belongs to the government.\n - A requirement that a person creating a waqf must be a practising Muslim for at least five years.\n - A cap on the number of non-Muslims who can be appointed to the Central Waqf Council and State Waqf Boards.\n- Grounds of challenge:\n - Infringement on Muslim communities\u2019 right to manage their religious affairs under Article 26.\n - Arbitrary ownership/dispute processes, and encroachment on internal community governance (Article 30 concerns).\n - Opposition to non-Muslim appointments on waqf bodies.\n- Government defense:\n - Aims to improve transparency, accountability, and reduce litigation through centralized property registration and preliminary inquiries by District Collectors.\n- Context:\n - The 2025 Waqf Amendment Act amended the 1995 Waqf Act to streamline administration, but critics view it as expanding state control over religious institutions.\n- Notable gaps in this page relative to the user\u2019s exact query:\n - No Indian Express article content or April 2025 coverage.\n - No mention of Kishanganj or Mohammad Jawed in the text provided.\n - No direct quotes or detailed procedural outcomes beyond the interim stay.\n\nIf you want, I can:\n- Search for the Indian Express April 2025 piece mentioning Mohammad Jawed and Kishanganj and summarize that article specifically.\n- Provide a side-by-side contrast of The Hindu\u2019s interim-order summary with the Indian Express piece once found.\n- Extract the key legal questions and potential implications for minority rights as laid out in this page, framed for quick briefing."}, {"url": "https://www.thehindu.com/news/national/on-scs-waqf-hearing-eve-dmk-says-95-stakeholders-before-jpc-was-against-amendments/article69538178.ece", "title": "On SC\u2019s Waqf hearing eve, DMK says 95% stakeholders before JPC was against amendments - The Hindu", "author": "Krishnadas Rajagopal", "summary": "Summary:\n\n- The Hindu reports on DMK's reaction to ongoing SC hearings over the Waqf Amendment Act, 2025. DMK argues the Joint Parliamentary Committee\u2019s process has been biased, noting that about 95% of stakeholders who appeared before the JPC opposed the amendments, while the remaining 5% supported them due to communal interests.\n- The DMK contends the Act is subject to constitutional review and could infringe fundamental rights and alter legally the status of waqf properties, especially waqf-by-user properties, even if temporarily enacted.\n- A Special Bench of the Supreme Court, led by Chief Justice Sanjiv Khanna, is slated to consider interim stay of the Act on May 5. The DMK prefers a temporary stay to maintain the status quo ante while constitutionality is adjudicated.\n- Kerala\u2019s IUML also supported interim relief, warning that many waqf properties\u2014mosques, graveyards, orphanages, schools\u2014could lose their waqf status and be at risk of takeover if the Act stands.\n- The Union government contends there is a presumption of constitutionality for statutes, but the IUML and DMK reject this when fundamental rights are at stake. The DMK also challenges the claim that registration of waqf-by-user properties is mandatory.\n\nContext for query: The referenced article discusses political and legal challenges surrounding the Waqf Amendment Act, the purported representativeness of JPC proceedings, and calls for an interim stay as the Supreme Court reviews constitutionality and potential impacts on waqf properties."}]}

Originally published by Indian Express.

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