Supreme Court to Deliver Order Monday on Constitutional Validity of Waqf Amendment Act 2025
By Syed Ali Taher Abedi
Delhi September 13, 2025-In a case that has drawn national attention and stirred deep constitutional debate, the Supreme Court of India is scheduled to pronounce its order on Monday, September 15, regarding a batch of petitions challenging the Waqf (Amendment) Act, 2025. The verdict will be delivered by a bench comprising Chief Justice of India B.R. Gavai and Justice Augustine George Masih, who had reserved their decision on May 22 after three days of exhaustive hearings.
Background: The Controversial Amendments
The Waqf (Amendment) Act, 2025, passed by Parliament and assented to by President Droupadi Murmu on April 5, introduced sweeping changes to the governance and legal framework surrounding waqf properties in India. The Act was later renamed the Unified Waqf Management, Empowerment, Efficiency, and Development (UWMEED) Act, signalling a shift toward centralized control and digitization.
Key provisions under challenge include: Omission of “Waqf by User”: This traditional concept allowed properties used for religious or charitable purposes over time to be recognized as waqf. Its removal is seen as a blow to historical waqf claims.
Inclusion of Non-Muslim Members: The Act mandates the appointment of non-Muslims to the Central Waqf Council and State Waqf Boards, which petitioners argue violates the religious autonomy guaranteed under Articles 25 and 26 of the Constitution.
Five-Year Practice Requirement: Only Muslims who have practiced the faith for at least five years can now create a waqf, a condition not imposed on other religious endowments.
Dilution of Waqf al-Aulad: The amendments allegedly weaken the concept of waqf for descendants, raising concerns about the erosion of familial waqf traditions.
Renaming of the Act: Critics argue that the new title and structure reflect a shift away from religious stewardship toward bureaucratic control.
Legal Challenge and Petitioners: A diverse coalition of political parties, religious organizations, and civil rights groups have filed petitions challenging the constitutional validity of the Act. These include:
Some of the parties challenging the Act include:
- AIMIM (All India Majlis-e-Ittehadul Muslimeen)
- AAP (Aam Aadmi Party)
- APCR (Association for Protection of Civil Rights)
- Jamiat Ulama-i-Hind (JUH)
- Samastha Kerala Jamiatul Ulama (SKJU)
- TMC (Trinamool Congress)
- AIMPLB (All India Muslim Personal Law Board)
RJD, SP, CPI(M), DMK among others Senior advocates including Kapil Sibal and Ranjeet Kumar argued that the amendments infringe upon the Muslim community’s rights and amount to legislative overreach. Former Chief Justice Sanjiv Khanna, during earlier hearings, had expressed prima facie reservations about the Union Government’s stance that non-Muslims would not be appointed to waqf boards during the pendency of the matter, suggesting that such assurances may not be sufficient to address deeper constitutional concerns.
Centre’s Défense: Representing the Union of India, Solicitor General Tushar Mehta defended the Act, stating:
The amendments are aimed at preventing misuse of waqf properties and enhancing transparency.
The five-year practice rule ensures that waqf is not used as a tool for fraud. The inclusion of non-Muslims is consistent with the secular nature of waqf management. The Act does not violate religious freedoms, as it regulates secular aspects of property administration.
What’s at Stake the Supreme Court’s ruling on September 15 is expected to address: Whether the Act should be stayed temporarily pending final adjudication. The constitutionality of key provisions affecting religious autonomy and property rights.
The scope of government control over waqf properties and the implications for minority rights.
Given the scale of the challenge and the number of petitioners involved, the verdict could have far-reaching consequences for waqf governance, minority rights, and the balance between religious freedom and state regulation in India.
