Waqf Amendment Bill / The Supreme Court will hear the Waqf Act for the second consecutive day today

Waqf Amendment Bill: The much-awaited hearing in the Supreme Court on the Waqf Amendment Act, 2025 continued for the second consecutive day today. Taking seriously the objections raised from across the country and the 72 petitions filed in this matter, the apex court has sought a detailed reply from the Central Government within two weeks. Along with this, the bench has indicated that it may issue an interim order on some controversial provisions of the law.

Possible outline of the interim order

• The main points on which the court can give interim orders are:
• Temporary stay on the process of de-notifying Waqf properties.
• Not implementing new provisions during the investigation of the property by the Collector.
• Clarifying the position on the appointment of non-Muslim members in the Waqf Board and Council.

Tomorrow's hearing: Serious questions and heated debate

In the hearing held on Wednesday, many sensitive issues were raised in the heated debate that lasted for two hours. A three-member bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan heard the arguments of senior lawyers like Solicitor General Tushar Mehta, Kapil Sibal, Abhishek Manu Singhvi, Rajiv Dhawan and CU Singh.

While Tushar Mehta defended the constitutionality of the law on behalf of the central government, the petitioners called it a violation of the fundamental rights of the Muslim community and an attack on religious freedom. The court expressed concern that the new provisions taken in the context of Waqf properties could adversely affect historical and religious structures.

Debate on Waqf 'by user' provision

Kapil Sibal stressed that 'Waqf by user' i.e. removing properties considered Waqf by tradition or practice would be a historical injustice. He asked where the deed of 300-year-old mosques and dargahs would be brought from? On this, the Supreme Court sought a clear answer from the Center whether the properties declared Waqf by the court will also be de-notified under the new law?

The Centre argued that the status of registered Waqf properties will not change and any decision will be taken only after the Collector's investigation. But the bench did not consider it sufficient and expressed concern about the permanent effects of the law.

Non-Muslim members in Waqf Board: Question on constitutionality

The biggest conflict was seen regarding the appointment of non-Muslim members in the Waqf Board and Council. The bench questioned that if Waqf is a Muslim religious institution, then how can a non-Muslim majority be acceptable in it? Will the government also implement such provisions in temple administration?

When the Solicitor General said that the number of non-Muslims will not exceed two and they will be ex-officio members, then the bench clarified that according to the new provisions, only 8 out of 22 members will be Muslims, due to which there can be a majority of non-Muslims. This does not match the religious nature of the institution.

Effects of the law and the court's concerns

The court clarified that new laws are usually not immediately interfered with, but an exception may have to be made in this case. The court said, "If Waqf by User is abolished and the properties are de-notified, it may cause serious damage to the historical, religious and social structure."