Waqf (Amendment) Act: Supreme Court Hearing To Resume Tomorrow

• The Union Government which was represented by Solicitor General Tushar Mehta requested the court to confine the hearing to three specific issues for the purpose of granting interim relief. '

• The opposition lawyers including senior advocates Kapil Sibal and Abhishek Manu Singhvi opposed this argument demanding a comprehensive review of the matter. 

• The three specific issues include whether properties declared as waqf by courts can be denotified, the legality of waqf-by-user, and waqf-by-deed.

The Kerala government has eventually made up its mind to challenge the constitutional validity of the Waqf (Amendment) Act 2025 in the Supreme Court, the Hindu reported.

The State government has issued instructions to its legal officers to file an impleading petition in the Supreme Court, said P. Rajeeve, Minister for Law.

The State government had been dilly-dallying on the question of opposing the legislation in the top court even as several BJP-led State governments had impleaded in the case with the prayer to protect the recently passed legislation by the Union government.

Solicitor General (SG) Tushar Mehta urges the court to restrict the ambit of the proceedings to the three limited questions outlined in the Centre바카라�s affidavit.

Opposing this, senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioners, contend that the challenge to the Waqf Amendment Act cannot be heard in a 바카라�piecemeal바카라� manner.

- The Hindu

Kapil Sibal points out that former CJI Sanjiv Khanna had not limited the number of issues for consideration and had agreed to hear the matter for interim relief.

The Chief Justice asks the lawyers to proceed, allowing the petitioners two hours to present their case. He does not impose any restriction on the issues to be argued.

- The Hindu

Sibal argues that waqf is an endowment to Allah and that once an individual dedicates property to God, it acquires waqf status.

바카라�These properties do not generate revenue and are preserved through charity. A dispute raised by an encroacher does not strip the property of its waqf character바카라�, he says.

He further contends that the 2025 amendments mark a complete departure from the framework of waqf legislation developed over the decades.

- The Hindu

The CJI asks if earlier versions of the Waqf Acts, from 1913 to 2013, mandated registration.

바카라�We will record your submission that earlier versions of the Waqf Act required registration, but consequences were not spelt out except removal of Muthawalli, and hence registration was not mandatory바카라�, he said, addressing Sibal.

In the hearing, Sibal pointed out that under the 2025 Act, a structure once declared a protected monument or area would lose its waqf status.

The CJI then asks whether such a declaration would infringe upon the right of citizens to worship or continue their religious practices.

Concurring, Sibal said, 바카라�The perpetuity of the dedicating is lost바카라�. He points out that the 2025 amendments violate the fundamental rights enshrined under Articles 14 (right to equality), 25 (freedom to practice one바카라�s religion) and 26 (freedom to manage religious affairs) of the Constitution.

Sibal confirms and said the 2025 amendments are expropriatory, would disturb the dedication of the property as a waqf and was a violation of the fundamental rights to manage religious affairs, equality and dignity.

- The Hindu

The Chief Justice pointed out that there is a presumption of constitutionality in favour of parliamentary legislation. In response, Sibal argues that irreparable damage will be caused if the 2025 amendments to the law are not stayed.

바카라�A Muslim has to prove that he is a Muslim to dedicate his property as waqf, and a district collector decides if a property is waqf or government property. The damage would be irreparable바카라�, he asserted, seeking a stay on the implementation of the 2025 amendments.

- The Hindu

During the hearing, Sibal pointed out that the Ancient Monuments and Archaeological Sites and Remains Act, 1958, is secular and was never intended to limit minority rights.

바카라�However, the 2025 Act uses this law to circumscribe minority rights,바카라� he argued. 바카라�It states that declaring a structure or area as an ancient monument would deprive it of its character as a waqf.바카라�

- The Hindu

In every corner of the Kashmir Valley, there are shrines, mosques, seminaries and Sufi lodges. Like many other places, in Kashmir too, religious and charitable land was often created through oral trust-based agreements. A Sufi lodge might have been built where a mystic often stopped to pray and share his teachings with the local community.

WATCH The Report.

On the Waqf Amendment case being heard in the Supreme Court, BJP leader Mukhtar Abbas Naqvi says, "The Waqf Amendment must reach its logical end, and that is essential because the unconstitutional anarchy and arbitrariness that existed in the Waqf system needs to be brought within the framework of constitutional commitment. It is important to replace that anarchy with constitutional hierarchy. Some people have approached the court on this matter, and I believe that whatever decision is made, it will be in the national interest"

- The IANS

While arguing, Kapil Sibal said that the amended Act facilitates the takeover of a community바카라�s rights.

Amendments have replaced an elaborate survey mechanism of properties identified as waqfs with the 바카라�designated officer바카라� process, he added.

A survey used to precede the registration. Now only registration remains. There is no proper survey, he said.

During the hearing, Sibal compared how other religious endowments like Hindu, Sikh are run by the members of the same faith. The meaning of secularism is to allow religious communities run their own affairs.

Why should member of other religions allowed to be part of waqf administrative bodies, Sibal asked.

Senior Advocate Huzefa Ahmadi said, "The expression 'practice of islam for 5 years' and aspect of contrivance. In another endowment, for a temple, there is no requirement to prove I am practicing the religion for a certain time... Is there an ascertainable principle to determine if I practice Islam? Can some one ask me, do you pray 5 times a day and thus I will stop from making a waqf? Then someone will ask me if I drink.. is that how it will be judged? Similar with contrivance part which is sought to be proven."

The Supreme Court hearing is over for the day. Hearing will resume tomorrow.