Supreme Court to Decide Fate of Controversial Waqf Amendment Act
Supreme Court Tackles Waqf Amendment in Heated Debate
The Supreme Court is currently engaged in a high-stakes hearing, weighing the constitutionality of the recently passed Waqf (Amendment) Act, 2025. The court is deciding whether to issue a temporary halt on the law’s implementation while it deliberates on the numerous challenges posed by the Act.
Petitioners Raise Concerns About Property Rights and Religious Freedom
Senior advocate Kapil Sibal, representing the petitioners, argues that the Act represents a dangerous encroachment by the central government on waqf properties. He contends that this move undermines the fundamental right of Muslims to manage their religious affairs.
Sibal further asserts that the 2025 amendments drastically deviate from the long-standing framework of waqf legislation, raising serious concerns about their impact on the Muslim community.
Government Seeks Focused Approach to Address Specific Concerns
Meanwhile, Solicitor General Tushar Mehta, appearing for the Union government, proposes a more targeted approach. He suggests the court first focus on three key issues: the potential denotification of properties previously declared as waqf, the legality of ‘waqf-by-user’ and ‘waqf-by-deed,’ before tackling broader questions surrounding the Act.
Petitioners Reject Piecemeal Approach
However, the petitioners strongly oppose this piecemeal approach, arguing that the case involves fundamental constitutional questions that cannot be addressed in fragments. They insist on a comprehensive examination of the Act’s implications.
The Waqf (Amendment) Act, 2025, was notified last month after President Droupadi Murmu gave her approval on April 5. The Bill secured passage in the Lok Sabha with 288 votes in favor and 232 against, and in the Rajya Sabha, 128 members voted in favor while 95 opposed it.
