New Delhi, September 13, 2025: The Supreme Court is scheduled to pronounce its judgment on Monday, September 15, 2025, on pleas seeking an interim stay on the implementation of the Waqf (Amendment) Act, 2025. The bench, headed by Chief Justice of India B.R. Gavai and comprising Justice Augustine George Masih, had reserved its verdict on May 22, 2025, after three days of back-to-back hearings in May. The order will be delivered at 10:30 AM in the matter titled ‘In Re: Waqf Amendment Act, 2025’, as per the Supreme Court’s causelist.
The Act, notified on April 8, 2025, following Presidential assent on April 5, 2025, has been challenged by over 100 petitioners, including Muslim organizations and individuals, who describe it as a “creeping acquisition” of Muslim properties, violating fundamental rights under Articles 14, 21, 25, and 26 of the Constitution. Key contentious provisions include the abolition of “waqf by user” (long-standing religious use without formal registration), allowing non-Muslims in Waqf Boards, and empowering District Collectors to de-notify waqf properties declared as government land. Petitioners argue these changes deprive historical mosques, graveyards, and charitable properties of their status, especially those without deeds since 1923.
The Union government, represented by Solicitor General Tushar Mehta, defended the amendments as necessary to curb “rampant encroachment” on public and private properties, emphasizing that they regulate the secular management of waqf without interfering in religious practices. Mehta highlighted that mandatory registration has existed since 1923, and the Act ensures inheritance rights for women and children while preventing misuse by mutawallis (managers). He cited Supreme Court precedents that Article 26 does not confer absolute rights over religious property management. The Centre urged the court not to stay any provisions, noting the Act’s presumption of constitutionality.
During hearings, CJI Gavai observed, “I have already said that there is a presumption of constitutionality,” and the bench identified three issues for interim orders: waqf by user, non-Muslim nominations, and government land identification as waqf. Kapil Sibal, for petitioners, warned of “irreparable injury” if provisions are activated, calling it a “systematic capture” via non-judicial processes.
The Act, passed after 12-hour Lok Sabha and 14-hour Rajya Sabha debates on April 4, 2025, renames the 1995 Waqf Act as the Unified Waqf Management, Empowerment, Efficiency, and Development Act. Six BJP-ruled states have filed in support. The verdict could impact ongoing surveys and registrations under the new law.
