On May 3, 2025, a rally was held in Eidgah Maidan, Mysoru, against the WAQF Amendment 2025. Image source: Ma Sriram
The Supreme Court is scheduled to hear a batch of constitutional validity challenging the constitutional effectiveness of the WAQF (Amendment) bill on Monday (May 5, 2025), which suspended two central aspects in the face of the top courts’ issues.
The Centre assured Apex Court on April 17 that it neither represents the WAQF property, including the “User WAQF” nor any appointments to the Central WAQF Board and Board of Directors.
Deputy Attorney General Tushar Mehta attended the centre and while informing the seats of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan, the laws passed by Parliament should not remain.
The Centre also strongly opposes the Supreme Court’s adoption of an interim order against the instructions of WAQF property, including “User WAQF”, in addition to continuing a provision that allows for the inclusion of non-Muslims on the Central WAQF Committee and Board of Directors.
The Supreme Court has pointed out the submission of SG Mehta and said that WAQF Properties, including “WAQFs” that have been registered or declared, must not be bothered and expressed by the next hearing date.
It then granted a week to the center, making a preliminary response to the request to challenge the effectiveness of the law, and released the matter on May 5.
Three Supreme Court judges will hear five petitions on Monday, now titled In the WAQF (Amendment) Act, 2025 and other fresh requests related to this issue. A number of requests included requests from Chief Aimim and Hyderabad MP Asadudding Owaisi.
Read Also | Ovassi says
The Centre defended the Amendment Act in its affidavit on April 25 and opposed the court's “constitutionality that the law stipulates, adopted by parliament.” Its provision for the “User WAQF” attribute is reasonable, and it says that any intervention will constitute a “legislative system through judicial orders.”
A user's WAQF refers to the practice of property that is considered to be based on its long-term, uninterrupted religious or charitable donations (WAQF) for this purpose, even if there is no official and written statement from the owner of the WAQF.
In a preliminary counter-oath of page 1,332, the Ministry of Ethnic Minority Affairs mentioned the provisions of the old WAQF law and stated that the registration of WAQF Properties (including “User WAQF)” was mandatory since 1923.
The WAQF (Amendment) Act, in 2025, respects the basic religious practices of Muslims by leaving faith and worshiping matters that are “untouched”.
It claims to add 2 million acres of WAQF land after the 2013 Law Amendment and marks “abuse” under the WAQF provisions to embezzle private and government property.
The Centre urged the Supreme Court to reject its defense of the WAQF (Amendment) bill, calling it “really shocking” that the Auqaf region grew 116% after the 2013 amendment. “Even before the Mughal era, the independence era and the post-independence era, the total number of WAKFS created in India was 18,29,163.896 acres,” it added shockingly, “It was shocking that after 2013, the addition of WAKF land was 20,92,072.536 acres.”
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The affidavit states that the figures were voluntarily uploaded to the Indian WAQF Management System by their respective WAQF and WAQF Boards.
It argues that “though there are various WAQF mandatory registration systems, including “WAQF users” for registration, it is almost since 1923, that is, since 1923, that individuals or organizations have used to demand private land and government land as WAQF as WAQF, including “WAQF”, including users, that not only leads to depriving individual civil rights, but to deprive individual civil rights, but to deprive individuals of their sense of responsibility.
The well-known Muslim institution, All India Muslim Private Law Commission (AIMPLB), accused the center of submitting false data in the top courts and seeking lawsuits against officials concerned for filing “false affidavits”.
The board expressed serious opposition to the government's statement, saying there was a “shocking increase” in the number of WAQF properties uploaded on the central portal after 2013.
The Supreme Court recently rejected any new request for the WAQF (Amendment) Act of 2025, saying it has made it clear that the court has only five out of more than 70 litigants on the issue.
Also Read | The Supreme Court Refuses to Accept New Request Challenge the WAQF (Amendment) Bill
The center notified the WAQF (Amendment) Act last month in 2025 after receiving the consent of President Droupadi Murmu on April 5. The bill was cleared by Lok Sabha with the support of 288 members, while 232 MPs opposed it. Rajya Sabha saw 128 members in their favor, while 95 members opposed it.
Several political parties such as DMK, YSRCP, AIMIM, leftist, non-governmental organizations, Muslim institutions, etc., prompted the Supreme Court to question the effectiveness of the bill.
publishing – May 5, 2025 at 05:19 AM IST
