Centre Asks Supreme Court to Limit Hearing on Waqf (Amendment) Act to Three Core Issues
The Central government on Tuesday urged the Supreme Court to restrict its hearing on the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, to just three specific issues previously outlined by the court.
Solicitor General Tushar Mehta, representing the Centre, requested a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih to focus solely on these three pre-identified areas to issue interim orders.
He pointed out that the petitioners’ latest written submissions had expanded to cover a broader range of issues beyond those agreed upon.
“The earlier bench had identified three key questions for consideration. We have responded in detail to these. However, the petitioners have now widened the scope.
I have filed an affidavit addressing only the original three issues. I urge the court to confine its attention accordingly,” Mehta told the bench.
This request was opposed by senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the petitioners. They argued that the matter could not be addressed in a piecemeal fashion and required comprehensive scrutiny.
The three focal issues highlighted in the case include:
- Denotification of Waqf Properties: The power to remove the waqf status from properties that were previously declared waqf by a court ruling, by usage (waqf-by-user), or through a deed.
- Composition of Waqf Boards: The legality of provisions that allow non-Muslims to be appointed to State Waqf Boards and the Central Waqf Council, aside from ex-officio members. The petitioners argue these bodies should be composed exclusively of Muslims, considering the religious nature of waqf properties.
- Government Inquiry into Waqf Status: A provision that waqf status will not apply to a property if the district collector, upon inquiry, finds that it is government land.
Senior advocate Kapil Sibal began his arguments by delving into the historical background and legislative context of the dispute.
Previously, on April 17, the Centre had assured the court that it would not proceed with any denotification of waqf properties — including those claimed as waqf by users — nor would it make new appointments to the Central Waqf Council or state boards until May 5.
The Centre had objected to an earlier Supreme Court suggestion to issue an interim order halting both the denotification of waqf lands and the inclusion of non-Muslim members in waqf bodies, arguing that such measures would unjustly interfere with a law passed by Parliament.
On April 25, the Ministry of Minority Affairs filed a comprehensive preliminary affidavit totaling 1,332 pages, defending the constitutional legitimacy of the Waqf (Amendment) Act, 2025. It argued against any broad or “blanket” suspension of the law, stating that an act passed by Parliament carries a presumption of constitutionality and should not be lightly set aside.
The Waqf (Amendment) Act, 2025 received presidential assent from President Droupadi Murmu on April 5 and was officially notified soon after. It had been passed in the Lok Sabha with 288 votes in favor and 232 against, while in the Rajya Sabha, it garnered support from 128 members and opposition from 95.
The matter continues to be heard in court, with further arguments from petitioners and responses from the Centre expected in the coming days.
