Waqf Amendment Act: Supreme Court reserves the case, But why?

The Supreme Court has reserved the decision for the time being after completing the hearing of the petitions in the Waqf case. Read further on Dynamite News:

Post Published By: Sona Saini
Updated : 22 May 2025, 6:46 PM IST
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New Delhi: The Supreme Court has reserved its decision on granting interim relief in the petitions challenging the constitutional validity of the Waqf (Amendment) Act. While the petitioners argue that it violates religious freedom, the central government described it as a step taken for transparency, reports Dynamite News correspondent.

The bench of Chief Justice BR Gavai and Justice Augustine George Masih heard the arguments of senior advocates Kapil Sibal, Rajiv Dhawan and Abhishek Manu Singhvi for about three days before reserving the interim order. Solicitor General Tushar Mehta has presented the government's side in defense on behalf of the central government. The Centre has strongly defended the Act, saying that Waqf is a "secular concept" by nature and cannot be stopped, as any law passed by Parliament is presumed to be constitutional.

Kapil Sibal Statement

Senior advocate Kapil Sibal presented his side in the court on behalf of the petitioners in the Waqf case. He said- this law is a "complete deviation from historical legal and constitutional principles". It is a way of "planned occupation of Waqf properties through non-judicial process". The government cannot decide which issues can be raised.

Interim Relief Sought On Three Points

- Power to denotify properties declared as Waqf by the courts, on the basis of traditional use or under Waqfnama.

- Composition of State Waqf Boards and Central Waqf Council, in which the petitioners have said that only Muslims should be kept except the ex-officio members.

-If the collector finds after investigation that the property is government land, then it will not be considered as Waqf property.

Let us tell you that the Supreme Court has reserved interim order on these three major issues after hearing the petitions challenging the validity of the Waqf (Amendment) Act, 2025 on Thursday.

Majority In Parliament

It is worth noting that 288 MPs voted in support of this bill in Lok Sabha and 232 against it. At the same time, in the upper house of Parliament, Rajya Sabha, 128 members were in favor of the bill and 95 against it. The central government is standing strongly in support of the law while the India Alliance including the main opposition party Congress is against it.

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