The Supreme Court on May 5 (Monday), directed that all petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, be placed before a new Bench to be headed by Justice BR Gavai, who is set to assume office as the next Chief Justice of India (CJI) following the retirement of the current CJI Sanjiv Khanna on May 13.
CJI Khanna, while hearing the matter today alongside Justices PV Sanjay Kumar and KV Viswanathan, made it clear that he would not be passing any interim order in the case. “I do not want to reserve any judgment or order even in the interim stage. This matter has to be heard on any reasonable day. It will not be before me,” he said during the hearing.
The Bench ordered that the matter be listed for fresh hearing on Wednesday, May 14, before Justice Gavai’s Bench. This signals the beginning of more substantive proceedings on the batch of petitions that challenge both the interim application and the final constitutional validity of the amendment.
The matter has stirred a national debate, as the Waqf (Amendment) Act, 2025, passed by the Lok Sabha on 3 April, the Rajya Sabha on April 4, and signed into law by the President on April 5, introduces sweeping changes to the original Waqf Act, 1995.
One of the key amendments involves the removal of “waqf by user” from the statutory definition, a move that petitioners argue could delegitimise numerous mosques, graveyards, and other religious endowments established through customary use but lacking formal legal deeds.
While petitioners, limited to five as per the Court’s instruction have claimed that the amendment amounts to unconstitutional interference in Muslim religious affairs and violates Article 26 (freedom to manage religious affairs), the Union government has staunchly defended the law. Solicitor General Tushar Mehta told the court earlier that the amendment was necessary to curb widespread misuse of waqf provisions, including encroachments on private and public land.
At the last significant hearing on April 17, the Centre assured the court that several contentious provisions, such as allowing non-Muslims on Waqf Boards and de-notifying court-declared waqf properties would not be implemented until the Court gave further direction. Based on that assurance, the Court had then refrained from issuing any interim stay.
The hearing also saw interventions from six BJP-ruled states that supported the amendment, and a Kerala-based Hindu organisation, Sree Narayana Manava Dharmam Trust, which opposed it, arguing that the law threatens the Muslim community’s religious rights.
During today’s brief proceedings, CJI Khanna acknowledged the volume of contentions raised in both the Centre’s counter-affidavit and the petitioners’ rejoinders. “Yes, some points have been raised on registration and some figures which are disputed by petitioners. It needs to be dealt with,” he observed.
Solicitor General Mehta, attempting to persuade the Bench to continue with the hearing, remarked, “We would have loved to persuade your Lordship, as every contention has an answer… but we cannot embarrass you because there is no time.” To this, Senior Advocate Kapil Sibal interjected with irony, “Of course, he has answers for everything.”
When the Solicitor General gently reminded the CJI of his impending retirement, CJI Khanna responded light-heartedly, “No, no, I am looking forward to it.”
The case is now slated for a hearing next Wednesday (May 14), when the Bench led by Justice BR Gavai will take over proceedings, both for interim directions and the final adjudication.
