After hearing arguments for the third continuous day on the petitions of Waqf Amendment Act, the Supreme Court reserved its order.
The Union government defended the Waqf (Amendment) Act, 2025, in the Supreme Court, asserting that the law regulates only the secular and administrative aspects of waqf institutions without interfering with essential religious practices or beliefs of the Islamic faith.
Solicitor General Tushar Mehta apprised a Bench led by Chief Justice of India (CJI) B.R. Gavai that the provision barring Muslims belonging to Scheduled Castes and Scheduled Tribes from dedicating property as waqf was a protective measure. In the absence of such safeguards, he argued, anyone could assume the role of mutawalli (manager of waqf property) and potentially misuse waqf properties for personal gain.
The law officer further pointed out that several tribal organisations have filed petitions in support of the 2025 Act.
Earlier, senior advocate Kapil Sibal, seeking an interim stay on the legislation, contended that the 2025 Act facilitates the takeover of waqf properties through non-judicial means.
Whereas senior lawyer Singhvi argued that any religious act says a person professing this faith. There is no act saying Muslim professing faith for 5 years.. this is a reverse burden of proof. I am the only faith asked to do this. Direct hit on Article 15. First of such ground is religion. No other religion is asked to prove this contrivance reverse test.
Waqf Law
The Lok Sabha had passed the Waqf (Amendment) Act on April 3, while the Rajya Sabha cleared it on April 4. The amendment Act received Presidential assent on April 5.
The new law amended the Waqf Act of 1995 in order to address the regulation of Waqf properties which are properties dedicated exclusively for religious or charitable purposes under Islamic law.
