Centre files SC caveat on Waqf Act petitions; hearing likely on Apr 15

New Delhi: The Centre on Tuesday filed a caveat in the Supreme Court and sought a hearing before any order was passed on the pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The caveat is filed by a party in the high courts and the apex court to ensure that no orders are passed without hearing it.

Over 10 petitions, including those by politicians and the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind, were filed in the top court challenging the validity of the newly-enacted law.

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Lawyers privy to the development said the petitions were likely to be listed for a hearing before a bench on April 15, though it is not reflected on the apex court website as of now.

On April 7, a bench headed by Chief Justice Sanjiv Khanna assured senior advocate Kapil Sibal, appearing for Jamiat Ulama-i-Hind, to consider listing the petitions.

President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was passed by Parliament after heated debates in both houses.

SC rejects urgent hearing on please against Waqf Act

Earlier this week, the Supreme Court rejected an urgent hearing of petitions challenging the constitutional validity of the Waqf Act.

Questioning the need for repeated oral mentions, the Chief Justice of India said, “Why are you mentioning when we have a system in place?” He assured that the matters would be reviewed in the afternoon and the “needful will be done.”

A total of 12 petitions have been filed before the apex court challenging the amendments immediately after the Parliament passed the Waqf (Amendment) Bill, 2025, on Friday.

After the legislation was passed in both Houses of Parliament, the Indian National Congress announced it would challenge the Waqf (Amendment) Bill before the Supreme Court. Congress claimed that it was an attack on the basic structure of the Constitution and was aimed at “polarising” and “dividing” the country on the basis of religion.

In his petition, Congress MP and party whip in Lok Sabha Mohammad Jawed contended that the amendments violated Articles 14 (right to equality), 25 (freedom to practice and propagate religion), 26 (freedom of religious denominations to manage their religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Similarly, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has moved the top court, saying that the Waqf Act impugned amendments, including “ex facie violative of Articles 14, 15, 21, 25, 26, 29, 30, 300A of the Constitution of India and manifestly arbitrary”.

What is the Waqf Act?

Under the Act, Waqf properties must be registered with the district collector’s office for evaluation. It specifies that any property identified or declared as Waqf property by the government, before or after the Act’s commencement, will not be considered waqf property. The district collector will have the final authority to determine whether a property is waqf or government land. Once decided, the collector will update the revenue records and report to the state government. The property will not be recognized as Waqf until the collector’s report is submitted.

Furthermore, disputes with Waqf board decisions can now be appealed to high courts. The Waqf Act also proposes removing provisions that currently allow properties to be considered Waqf based on oral declarations or disputes, which were previously acceptable under Islamic law until formal documentation (waqfnama) was established.

Without a valid waqfnama, a property will be deemed suspect or disputed and cannot be used until the district collector makes a final decision.

What is Waqf property?

A Waqf property is a moveable or immovable asset dedicated to God for charitable purposes through a deed or instrument. This practice predates formal documentation, so properties used for a long time can also be recognised as Waqf properties.

Waqf properties can serve either public charitable purposes or be held privately to benefit an individual’s descendants. They are non-transferable and held perpetually in the name of God. The income from Waqf properties typically supports educational institutions, graveyards, mosques, and shelter homes, benefiting many Muslims.

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