The Supreme Court of India is all set to deliver a big verdict on Monday. A bench led by Chief Justice B.R. Gavai will decide whether to put a stay on the controversial Waqf (Amendment) Act, 2025. This law has sparked heated debates, with the Union government strongly backing it as a way to stop misuse of Waqf properties and bring more transparency to their management.
Back in May, the same bench, which also includes Justice A.G. Masih, heard arguments from both sides over three intense sessions before reserving its order. The Act officially kicked off on April 5 after getting the President’s nod, but it’s facing tough challenges in the top court.
Key challengers include AIMIM MP Asaduddin Owaisi and Congress MP Mohammad Jawed. They argue that the Waqf Amendment Act discriminates against Muslims and messes with their religious rights. Senior advocate Kapil Sibal, representing the petitioners, slammed the law as “unconstitutional” and “arbitrary.” He zeroed in on a clause that lets authorities suspend a property’s Waqf status during investigations, calling it a major overreach.
Another top lawyer, Rajeev Dhavan, jumped in to defend the spiritual side of Waqf. “Waqf isn’t just some legal setup—it’s a deep-rooted spiritual and social pillar for Muslims,” he said, pulling from past Supreme Court rulings. He stressed that outsiders have no business deciding what’s essential to a faith.
On the government’s side, Solicitor General Tushar Mehta pushed back hard. He explained that Waqf isn’t purely a religious practice but involves secular tasks like property management by Waqf boards. The amendments to the original Waqf Act of 1995 aim to tighten rules for these Islamic endowments—properties dedicated for religious or charitable causes.
Interestingly, back on April 17, a different bench under then-CJI Sanjiv Khanna turned down an early plea for a stay. But the Centre promised the court that the most disputed parts of the Waqf Amendment Act wouldn’t roll out just yet. Now, all eyes are on Monday’s decision, which could reshape how Waqf properties are handled across India.
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