On Monday, May 5, the Supreme Court will hear five major petitions — including one by Hyderabad MP Asaduddin Owaisi — challenging the constitutional validity of the Waqf (Amendment) Act, 2025, just weeks after the Centre agreed to pause two key provisions of the law.
On April 17, the government told the court it would not denotify any Waqf properties, including those classified as “Waqf by user”, nor appoint members to the Central Waqf Council or state boards until May 5. This came after the court raised tough questions and hinted at an interim stay.
Appearing for the Centre, Solicitor General Tushar Mehta insisted the law had been passed after “due deliberations” in Parliament and should not be stayed lightly.
The court acknowledged Mehta’s stand but said existing waqf properties, including those declared through usage, should not be disturbed until further orders.
A key bone of contention is the concept of waqf by user — where a property is treated as waqf due to long-term religious or charitable use, even without a formal declaration. Critics argue this has led to disputes over private and public land being wrongfully claimed.
In a 1,332-page affidavit, the government defended the law and accused some waqf boards of misusing provisions to expand control. It flagged a 116% increase in waqf land since 2013 — from 18.29 lakh acres to over 20.92 lakh acres — calling it “really shocking”. But the All India Muslim Personal Law Board (AIMPLB) has hit back, alleging the government used false data and has demanded action against those responsible.
The court has limited the hearing to five selected petitioners, despite over 70 filing pleas. It refused to accept any new petitions for now.
The law was passed last month with support from 288 Lok Sabha MPs and 128 in the Rajya Sabha. However, strong opposition remains from parties like the DMK, YSRCP, AIMIM, the Left, and various Muslim organisations and civil society groups, who say the law could weaken minority rights and interfere with religious autonomy.
