Supreme Court Defers Waqf Act Hearing, Refers Case to Justice Gavai-Led Bench
The Supreme Court on Monday referred petitions challenging the Waqf (Amendment) Act to a new bench under incoming CJI BR Gavai, citing the need for further clarity.
A bench led by outgoing Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, heard the matter briefly before deciding to defer it. The court said the complexities involved need deeper examination, which should be taken up by the next bench. Justice Gavai will take over as the Chief Justice of India on May 14.
“There are certain aspects which you (Centre) dealt with, but that require clarification,” CJI Khanna noted. “This matter will have to be heard on a reasonably early date and this will not be before me.”
Solicitor General Tushar Mehta, appearing for the Centre, acknowledged the CJI’s upcoming retirement and said, “It is painful to remind your lordship (about the retirement),” to which the CJI responded, “No no, I am looking forward to it.”
Prior to Monday’s hearing, the Centre paused two controversial elements of the amended law following tough questioning from the apex court. It assured the court on April 17 that it would not denotify any waqf properties — including those categorized as “waqf by user” — nor make appointments to the Central Waqf Council or state boards until May 5.
The assurance came after the bench indicated its inclination to pass interim orders halting the enforcement of these provisions. The Centre had argued that the law was passed with “due deliberations” and should not face a stay without a full hearing.
A wide array of petitioners, including Congress MP Mohammed Jawed and AIMIM leader Asaduddin Owaisi, have challenged the Waqf (Amendment) Act, calling it unconstitutional and violative of fundamental rights. Civil society organisations, NGOs, and opposition parties such as the DMK, YSRCP, AIMIM, and the Left parties have also joined the legal battle.
One of the main points of contention is the concept of “waqf by user”, which allows a property to be deemed waqf based on long-term religious use, even without formal ownership declaration.
In its April 25 affidavit, the Centre urged the court to dismiss the pleas and warned against a “blanket stay” on a law passed by Parliament. It argued that judicial intervention would create a “legislative regime by a judicial order”.
The Centre expressed concern over a “116 per cent rise” in waqf property areas after the 2013 amendment, a statement that drew strong objections from the All India Muslim Personal Law Board (AIMPLB).
The amended law was passed in Parliament with 288 MPs voting in favour in the Lok Sabha and 128 in the Rajya Sabha. It received presidential assent from Droupadi Murmu on April 5, 2025.
With the hearing now transferred to the bench of incoming CJI BR Gavai, a new date is expected to be announced soon. Experts believe the next hearing will clarify whether the Centre’s assurances will translate into permanent changes or face judicial pushback.
