Supreme Court to Decide on Waqf Amendment Act Stay Today
The Supreme Court of India is all set to deliver its verdict on Monday about whether to put a hold on the controversial Waqf (Amendment) Act, 2025. This new law has sparked heated debates, with critics slamming it as unfair to Muslims, while the government defends it as a way to stop misuse of Waqf properties and bring more transparency to their management.
A bench headed by Chief Justice B.R. Gavai, along with Justice A.G. Masih, wrapped up hearings back on May 22 after three rounds of intense arguments from both sides. They reserved their order right after that, and now the decision on the Waqf Amendment Act stay is finally here.
The Act got the President’s nod and kicked off on April 5, 2025. But it’s facing tough challenges in the Supreme Court from big names like AIMIM MP Asaduddin Owaisi and Congress MP Mohammad Jawed. These petitioners argue that the Waqf Amendment Act is discriminatory and picks on the Muslim community.
Senior advocate Kapil Sibal, speaking for the challengers, called the law "unconstitutional" and "arbitrary." He zeroed in on a key issue: a rule that lets officials pause a property’s Waqf status while investigations are going on. "This just doesn’t hold up," Sibal said.
Adding to the mix, senior lawyer Rajeev Dhavan highlighted how Waqf isn’t just about rules—it’s a core part of Muslim religious and social life. "Waqf is a spiritual and social pillar for Muslims, not some legal box," Dhavan explained, pointing to old Supreme Court judgments. He stressed that outsiders or officials can’t decide what’s an essential religious practice under Islamic law.
On the flip side, Solicitor General Tushar Mehta, representing the government, pushed back hard. He argued that Waqf isn’t purely a religious thing—it’s more about secular tasks like running properties. The Waqf boards handle admin stuff, he said, so the amendments to the 1995 Waqf Act are all about better regulation of these religious endowments dedicated to charity and faith.
Remember, back on April 17, a different bench under then-CJI Sanjiv Khanna turned down an early plea for a stay. But the government promised the court it wouldn’t roll out the tricky parts of the Waqf Amendment Act just yet. Now, with this ruling, everyone’s watching to see how it shakes up Waqf properties in India.
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