SC Reserves Interim Decision in Waqf Case

Rapid Summary

• Supreme Court Update: Teh Supreme Court has reserved interim orders on three issues related to the validity of the Waqf (amendment) Act, 2025.
• Key Issues Discussed:

– Power to denotify properties declared as waqf by courts, waqf-by-user, or waqf by deed.
– Composition of state waqf boards and the Central waqf council-petitioners argue only Muslims should operate them (except ex-officio members).
– Provision that excludes a property from being treated as waqf if a collector finds it is indeed government land.

• Legal Arguments: Petitioners led by Kapil Sibal accuse the government of “systematic capture” of waqf properties through non-judicial processes and departure from ancient legal principles. The Center defends the law’s constitutionality, citing its secular nature and presumption of validity.
• Legislative Background: The Waqf (Amendment) Act was passed in Parliament with majority support in April after President Droupadi Murmu’s approval.
• Court Proceedings: Senior advocates Kapil Sibal, Rajeev Dhavan, Abhishek Singhvi argued against it; Solicitor General Tushar Mehta represented the Centre for over three days.

!SC reserves interim orders in waqf case

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Indian Opinion Analysis

The supreme Court’s decision to reserve judgment reflects the complexity surrounding amendments to longstanding laws like those governing waqfs-charitable endowments managed under Islamic frameworks but relevant within India’s secular constitution. Both sides presented strong arguments: petitioners claim potential misuse and erosion of conventional autonomy in managing religious endowments, while the government emphasizes inclusivity and constitutionality.This case carries meaningful implications for land governance policies across states; balancing minority rights with broader mandates will be crucial for fostering trust without perceived encroachment into local traditions or faith-based practices. A nuanced verdict may set essential precedents about property laws’ interplay between judicial authority versus executive-backed legislative changes.neutral deliberation by courts can ensure clarity amid conflicting interpretations-a vital outcome considering sensitive public sentiment regarding religion-based property management within India’s diverse societal fabric.