SC reserves interim order on pleas against Waqf law, CJI again cites presumption of constitutionality
After hearing marathon arguments for three days, the Supreme Court on Thursday reserved its interim orders on petitions challenging the validity of the Waqf (Amendment) Act-2025 that 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.
A Bench of CJI BR Gavai and Justice AG Masih reiterated that there’s a presumption of constitutionality in favour of a law passed by Parliament. “I have already said that there is a presumption of constitutionality,” the CJI said.
“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… we don't need to say more,” the Bench had said on May 20. The Bench reserved its interim orders after hearing senior counsel Kapil Sibal, AM Singhvi, Rajeev Dhavan and Huzefa Ahmadi for the petitioners; and Solicitor General Tushar Mehta for the Centre.
Senior advocates Rakesh Dwivedi and Ranjit Kumar, who represented the governments of Rajasthan and Haryana, respectively, supported the Centre.
The CJI pointed out that the requirement of registration of Waqfs had been there under the previous laws of 1923 and 1954. 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.
