Waqf (Amendment) Act 2025: SC to Pronounce Interim Order Tomorrow

PTI, NEW DELHI, SEPT 13, 2025 :  The Supreme Court is slated to pronounce its interim orders on September 15 concerning three key issues, including the power to denotify properties declared as "waqf by courts, waqf-by-user, or waqf by deed," which arose during the hearing of pleas challenging the validity of the Waqf (Amendment) Act, 2025.

A bench headed by Chief Justice B R Gavai had, on May 22, reserved its interim orders on these issues after hearing both sides in the waqf case. According to the cause list for September 15 uploaded on the apex court's website, the court is set to deliver its order on the matter. One of the issues relates to the power to denotify properties declared as "waqf by courts, waqf-by-user, or waqf by deed" as prescribed in the Waqf (Amendment) Act, 2025.

Before reserving its interim order, the bench heard arguments from advocates representing those challenging the amended waqf law, as well as Solicitor General Tushar Mehta, who represented the Centre, over three consecutive days. The bench had previously identified the three issues for which petitioners sought interim orders.

Apart from the issue of denotification, petitioners have raised questions over the composition of state waqf boards and the Central Waqf Council, where they contend that only Muslims should operate, excluding ex-officio members. The third issue relates to a provision stating that waqf property will not be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.

The Centre has strongly defended the Act, arguing that waqf, by its very nature, is a "secular concept" and cannot be stayed given the "presumption of constitutionality" in its favor. Moreover, while waqf is an Islamic concept, the Centre added that it is not an essential part of Islam.

Senior advocate Kapil Sibal, leading the petitioners, described the law as a "complete departure from historical legal and constitutional principles" and argued that it serves as a means to "capture waqf through a non-judicial process."

On April 25, the Union Ministry of Minority Affairs filed a preliminary 1,332-page affidavit defending the amended Waqf Act of 2025 and opposed any "blanket stay" by the court on a law that had passed with the presumption of constitutionality by Parliament.

The Centre notified the Waqf (Amendment) Act, 2025, after it received President Droupadi Murmu's assent on April 5. The Bill was cleared by the Lok Sabha with the support of 288 members, while 232 MPs voted against it. In the Rajya Sabha, 128 members voted in favor, and 95 members opposed the Bill.