New Delhi: The Supreme Court on Monday said petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 will be heard on May 15 by a bench led by Chief Justice-designate Justice B R Gavai.
A bench headed by Chief Justice Sanjiv Khanna, who retires on May 13, said some aspects raised by the government of India need further clarification and it wouldn’t be appropriate to issue any interim orders at this stage.
He added the matter requires an early hearing but would not come up before him.
The GoI, represented by Solicitor General Tushar Mehta, acknowledged the tight timeline due to the CJI’s upcoming retirement but said the government was ready to respond to all contentions.
Earlier, the GoI had told the court it would not denotify waqf properties or appoint members to the Central Waqf Council and boards till May 5. It urged the bench not to stay a law passed by Parliament without hearing the government.
Five petitions have challenged the Act, including one by AIMIM chief Asaduddin Owaisi. In its affidavit, the Centre defended the law, especially the “waqf by user” provision, which recognises properties as waqf based on long-term religious or charitable use—even without formal declaration.
The Act was notified after receiving presidential assent on April 5. It was passed by both Houses with a narrow margin—288 MPs voted in favour in Lok Sabha and 128 in Rajya Sabha, with a sizeable opposition.
Petitioners include political parties like DMK, YSRCP, AIMIM, and Left parties, along with NGOs and Muslim organisations.
