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United News of India
27-05-2025
- Politics
- United News of India
SC issues notice in plea challenging Waqf Act, tags case with similar matter
New Delhi, May 27 (UNI) The Supreme Court on Tuesday issued notice in a Public Interest Litigation (PIL) filed by Nikhil Upadhyay, son of Advocate Ashwini Upadhyay, challenging the constitutional validity of several provisions of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025. The Court agreed to treat the matter as an Interlocutory Application (IA) and tagged it with a previously filed similar petition. A bench, comprising Chief Justice of India (CJI) Justice B R Gavai, along with Justice J B Pardiwala and Manoj Misra, heard the matter and sought a response from the Union government. At the outset, CJI Gavai asked Advocate Upadhyay, "Why are you challenging a 1995 Act in 2025?" Adv Upadhyay responded, "This Court is hearing challenges to the Places of Worship Act, 1991 and the Minorities Act." Additional Solicitor General Aishwarya Bhati then clarified, "He is challenging the provisions earlier to the 2025 Act." She further stated, "If your Lordships want to tag it with the earlier petition, I will not object. But the present round relating to the 2025 Act, your Lordships have not taken anyone yet." CJI Gavai inquired, "That Vishnu Shankar Jain matter?" ASG Bhati, "That's right, My Lords." CJI, "We will tag it along with that." The Court then directed, "Issue notice. Tag with connected matter." The PIL challenges the constitutional validity of provisions under Sections 3(r), 4, 5, 6(1), 7(1), 8, 28, 29, 33, 36, 41, 52, 83, 85, 89, and 101 of the Waqf Act, 1995. The petition contends that the Waqf Act is discriminatory as it governs only Muslim religious properties, while no similar legislative framework exists for other religious communities including Hindus, Sikhs, Jains, Buddhists, Christians, Jews, Baháʼís and Zoroastrians. According to the plea, 'Waqf is not mentioned in the Constitution. If the Act seeks to uphold Articles 25–26, it must align with Articles 14–15. If enacted under Entries 10 and 28 of the Concurrent List, it must be gender-neutral and religion-neutral. If it seeks to protect minority rights under Articles 29–30, then it must include all religious minorities.' The PIL also questions the legal basis of vast property claims by Waqf Boards, alleging that many are made without proper documentation or due process. It asserts that such practices infringe on the rights of non-Muslim citizens under Articles 25, 26, 29, and 300A of the Constitution. The plea seeks uniform treatment of religious endowments across communities and the repeal of what it terms 'arbitrary and religion-specific provisions.' The matter will now be heard along with the previously filed petition by Advocate Vishnu Shankar Jain.
Time of India
27-05-2025
- Politics
- Time of India
Supreme Court issues notices to Centre, others on plea challenging validity of 1995 Waqf Act
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel The Supreme Court on Tuesday sought responses from the Centre and others on a petition challenging the constitutional validity of certain provisions of the Waqf Act, 1995. A bench of Chief Justice B R Gavai and Justice Augustine George Masih issued notices to the Centre and others, seeking their responses on the plea, and tagged it with pending petitions that have raised a similar Ashwini Upadhyay, who appeared in the court on behalf of petitioner Nikhil Upadhyay , told the bench that the plea challenges the provisions of the Waqf Act, referred to the apex court's April 17 order relating to challenges to the validity of the Waqf (Amendment) Act, said in that order, the court had said petitions challenging the 1995 law and the amendments made therein in 2013 shall be separately shown on the cause list."Why should a challenge to the 1995 Act be allowed in 2025?" the CJI asked. He also asked why should the plea be not dismissed on the ground of petitioner's counsel said the plea has challenged the amendments made in said the apex court is hearing pleas filed in 2020 challenging the provisions of the Places of Worship (Special Provisions) Act, 1991 and the National Commission for Minorities Act, bench agreed to hear the plea and tagged it with the already-pending the validity of certain provisions of the 1995 law, the plea said, "Parliament cannot enact law in favour of waqf and waqf properties , depriving non-Muslims from their properties, and special provision giving undue favour to waqf properties."On May 22, the apex court reserved interim orders on three key issues after hearing both sides in the case relating to the Waqf (Amendment) Act, of the issues relates to the power to de-notify properties declared as "waqf by courts, waqf-by-user or waqf by deed" prescribed in the 2025 top court had previously identified the three issues, on which a stay was sought by the petitioners challenging the validity of the 2025 Act, for passing interim from the issue of de-notification, the petitioners have raised questions over the composition of state waqf boards and the Central Waqf Council, where they contend that only Muslims should operate except ex-officio third issue relates to a provision that says a waqf property will not be treated so when the collector conducts an inquiry to ascertain if the property is government Centre had strongly defended the 2025 Act, saying waqf by its very nature was a "secular concept" and cannot be stayed given the "presumption of constitutionality" in its favour.
Hindustan Times
22-05-2025
- Politics
- Hindustan Times
Supreme Court reserves judgment on interim stay of Waqf Act
The Supreme Court on Thursday reserved orders on the aspect of staying the Waqf Amendment Act 2025, observing that the requirement of keeping an inventory of Waqf properties, including Waqf by user, has been the norm for over 100 years since the first enactment on such properties was introduced in 1923. Closing arguments after a marathon hearing of three days, the bench headed by Chief Justice of India (CJI) Bhushan R Gavai and justice AG Masih observed, 'We have seen the law since the Mussalman Waqf Act of 1923. Technically, the 1923 law did not have a provision for registration but information about the waqf had to be provided. From the Waqf Act, 1954 registration was required. There was a report of 1976 which revealed why registration was necessary. From 1923 till 2025, for over 100 years, the scheme of various enactments had emphasised on registration.' The court was responding to arguments made by senior advocate Kapil Sibal appearing for one of the petitioners challenging the 2025 Act who argued that it was wrong to put the onus of registration on the custodian of waqf properties as beginning 1954, the law required states to survey and identify waqf properties. Registration was a crucial aspect stressed by Centre as only those waqf by user properties which are registered and not disputed to be on government land, would receive protection under the 2025 Act. Sibal said, 'It is the failure of the state to carry out their job from 1954 to 2025 and due to their failure, a community is being punished,' pointing out that the state cannot take advantage of its own wrong and by legislative fiat, extinguish Muslim property. He urged the court to consider it from the aspect of a community's right to administer property under Article 26 of the Constitution as he highlighted other aspects of the 2025 law, such as dedication of waqf by a person who is a practicing Muslim for past five years, something that was not a requirement for any other religion. The Centre represented by Solicitor General Tushar Mehta, in his concluding arguments, told the court that the law since 1923 always required only Muslims to dedicate their property to Allah as waqf. The 2013 amendment permitted 'any person' to dedicate Waqf. 'How can Waqf which is an Islamic concept be available for non-Islamic persons,' Mehta said. On Wednesday, the Centre had submitted that waqf being an act of charity is not an essential or core feature of Islam as doing charity is part of every religion. Senior advocate Rajiv Dhavan appearing for another petitioner opposing the law told the court that charity is one among the five fundamental pillars of Islam and zakat (charity) in Islam is a dedication made to Allah for favour in after life. He further illustrated how the Act discriminates Muslims by referring to the provision that prohibits creation of waqf on land belonging to scheduled tribes under section 3E. Mehta told the court that the purpose behind enacting section 3E was to protect the scheduled tribes who are a vulnerable section of the population. He pointed out from the report of the joint parliamentary committee (JPC) that sought to preserve the cultural identities of tribals without and preventing creating of waqf on their land under Islam. The bench disagreed with Mehta pointing out, 'What is the nexus of not allowing waqf on tribal land. The purpose of the law is that land should not be grabbed based on their social and economic backwardness. Islam is Islam. Cultural traditions may differ, but religion is the same. If a waqf is sought to be created by fraud or deception, that will otherwise also go.' Mehta said that the classification is not based on religion as it is always open for Muslims to create a trust and carry out charity activities. The petitions, filed under Article 32 of the Constitution, challenge the law on multiple grounds, alleging that it undermines the fundamental rights of Muslims and erodes age-old waqf traditions. The Centre has defended the amendments as necessary to curb corruption, enhance transparency and ensure better regulatory oversight.
Indian Express
21-05-2025
- Politics
- Indian Express
Supreme Court resumes hearing pleas against Waqf Act
The Supreme Court Wednesday resumed its hearing of pleas against Waqf (Amendment) Act. This is the second consecutive day that the apex court is hearing a batch of petitions seeking interim stay on the amendments. As the hearing began on Tuesday, Senior Advocate Kapil Sibal told the top court that though the 2025 Act claims to be for protection of waqf, it was 'in reality… designed to capture waqf through a process which is non-judicial… executive.' Appearing for one of the petitioners, who have sought interim stay of the Waqf (Amendment) Act, 2025, Sibal told the top court, 'Private properties are being taken away only because there is some dispute.' Meanwhile, Solicitor General Tushar Mehta argued that 'waqf, by its very nature, is a secular concept' and that the law does not touch upon any essential religious practices of Muslims. 'It may be noted that Waqf, by its very nature, is a secular concept. This is so since waqf merely means dedication of property,' Mehta stated in a 145-page note submitted to the Court. The Supreme Court bench, comprising Chief Justice of India B R Gavai and Justice Augustine G Masih, observed that 'a very strong and glaring case' is needed to pause the operation of the law.
The Hindu
21-05-2025
- Politics
- The Hindu
Waqf (Amendment) Act SC hearing LIVE: Supreme Court to continue hearing on plea challenging Waqf Act
Countering the Supreme Court's observation that a parliamentary statute like the Waqf (Amendment) Act, 2025 enjoys a presumption of constitutionality, petitioners on Tuesday (May 20, 2025) termed the new law a 'creeping acquisition' of waqf properties owned by the Muslim community, the largest religious minority group in India. Also read: Waqf (Amendment) Act hearing highlights on May 20, 2025 A Bench of Chief Justice of India B.R. Gavai and Augustine George Masih heard petitioners for a full day on their plea for an interim order to stay the implementation of the 2025 Act, which came into force on April 8. 'The 2025 amendments are a ruse to capture waqfs. Property can be acquired by the government through a legislative diktat, that too without payment of compensation, which is usual in cases of acquisition. These amendments directly encroach on a minority community's rights under Article 25 (freedom of religion),' senior advocate Kapil Sibal said. Also read: Will the Waqf law usher in transparency? Senior advocate A.M. Singhvi argued that this 'super-imposing' of ancient monument laws on religious waqfs would have a ripple effect on the protection given to them under the Places of Worship Act, 1991. Mr. Singhvi alleged that the government's claim of a 116% 'explosion' in waqf properties from 2013 to 2024 was intended to prejudice the court. The Centre defended the Waqf (Amendment) Act, 2025 in the Supreme Court, saying waqf by its very nature is a 'secular concept' and can't be stayed given 'presumption of constitutionality' in its favour.
