Nearly four months after reserving its decision in the vital matter, the Supreme Court is set to pronounce its interim order in a batch of petitions challenging the constitutional validity of the Waqf Amendment Act on Monday, September 15.
Consequent upon hearing as many petitions against the Waqf Amendment Act, the bench, headed by Chief Justice B R Gavai, had reserved the interim order on May 22 after three consecutive days of arguments from all parties involved. In their respective pleas, the petitioners have expressed reservations over new guidelines enacted in the amendment Act with regard to Waqf properties and assets across the country.
However, the order to be pronounced on September 15 is expected to address three key legal and procedural concerns raised by the top court during the hearings held earlier this year.One of the central questions before the Court is whether properties that have already been declared as Waqf by a court, either through usage or formal deed, can be de-notified while the matter remains under judicial consideration.
The Court is expected to clarify whether such action can be taken before the final outcome of the matter is determined.
The second issue concerns the role of the District Collector during the enquiry process. Under the amended provisions, if the Collector is examining whether a property qualifies as Waqf or government land, the property is not to be treated as Waqf land during the pendency of that enquiry.The Court will decide whether this provision should continue to operate while the broader case is still being heard.
The third aspect of the interim order is expected to address the composition of Waqf Boards and the Central Waqf Council. The Court had questioned whether the law permits only Muslim members to be appointed to these bodies, aside from ex-officio positions, and whether such restrictions are legally tenable in the context of constitutional rights and principles.
The petitions have been filed to challenge the constitutionality of the wide-ranging amendments made to the Waqf Act through legislation passed by Parliament in 2025.Among the petitioners are AIMIM MP Asaduddin Owaisi, Delhi AAP MLA Amanatullah Khan, the Association for Protection of Civil Rights, Jamiat Ulema-i-Hind President Arshad Madani, Samastha Kerala Jamiatul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, TMC MP Mahua Moitra, the Indian Union Muslim League, the All India Muslim Personal Law Board, RJD MP Manoj Kumar Jha, SP MP Zia ur Rehman and the Communist Party of India, along with the DMK and others.
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