SC issues notices to Centre, others on plea challenging validity of Waqf Act, 1995

The Supreme Court on Tuesday issued notices to the Centre, states and others on a petition challenging the validity of certain provisions of the Waqf Act, 1995.

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A bench of Chief Justice of India BR Gavai and Justice AG Masih asked the respondents to respond to the petition and clubbed it with other pending petitions that raised similar issues.

On behalf of petitioner Nikhil Upadhyay, advocate Ashwini Upadhyay submitted that the petition challenged the provisions of the Waqf Act, 1995 and that the top court had last month said that petitions against the 1995 Waqf Act would be dealt with separately.

“Why should a challenge to the 1995 Act be allowed in 2025?” the CJI asked. He also asked why the plea should not be dismissed on the ground of delay.

However, the petitioner’s counsel said the petition has challenged the amendments made in 2013.

As he pointed out that the top court has been hearing pleas filed in 2020, challenging the provisions of the Places of Worship (Special Provisions) Act, 1991 and the National Commission for Minorities Act, 1992, the bench agreed to tag it with already pending petitions.

“The 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,” the petitioner submitted.

After hearing marathon arguments for three days, the Supreme Court had on May 22 reserved its interim orders on petitions challenging the validity of the Waqf (Amendment) Act, 2025 which has done away with the concept of ‘waqf by user’.

‘Waqf by user’ was a practice where a property was recognised as a Muslim endowment (waqf) based on its long-term, uninterrupted use for such purposes, even if there wasn’t a formal, written declaration of waqf by the owner.

The bench had reiterated that there’s a presumption of constitutionality in favour of a law passed by the Parliament. “There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case. Otherwise, presumption of constitutionality will be there…we don't need to say more,” the bench had said during the hearing.

The top court had on April 17 deferred passing any interim orders in the matter after the Centre undertook not to make any appointments to waqf councils and waqf boards or de-notify existing waqf properties — including ‘waqf by user’ or ‘waqf by deed’ properties already declared by notification or gazetted.

The bench has identified three key issues — waqf by user, nomination of non-Muslims to the Waqf Council and State Waqf Boards, and identification of government land as waqf property – for consideration at this stage for passing interim orders.