New Delhi: The Supreme Court has resumed hearings on the controversial Waqf (Amendment) Act, 2025. Over 70 petitions, consolidated into a single case, allege that the act violates fundamental rights enshrined in the Indian Constitution. The petitioners contend that the act infringes upon Article 14, guaranteeing the right to equality before the law and equal protection under the law. Article 26 secures the right of every religious denomination to manage its affairs in matters of religion.
The Supreme Court’s initial response has been to issue an interim order, postponing the enforcement of key elements of the amendment until May 5, 2024. This reprieve prevents any actions that would affect Waqf properties already registered or declared under existing legislation. Crucially, no new appointments to Waqf boards will be made during this period, nor will any properties currently registered under the 1995 Waqf Act be denotified. The court clarified that this interim order is not a prejudgment of the case’s merits and that further hearings are scheduled for 5th May to consider further interim relief.
The central government has been given one week to file its preliminary response to the petitions. The scale of the legal challenge, reflected in the sheer number of petitions, highlights the widespread concern surrounding the implications of the amendment. Critics argue that the act, rather than improving the efficiency of Waqf institutions as claimed, is designed to exert greater state control over religious affairs, potentially undermining religious autonomy and community rights.
The petitioner’s legal team, including Mr Rizwan Pasha, plan to continue their fight to ensure the act is deemed unconstitutional. The upcoming hearing is anticipated to be a pivotal moment in this significant legal battle. The outcome will have far-reaching consequences for the management of Waqf properties and the balance between state regulation and religious autonomy in India.
