New Delhi, May 5 (UNI) In a key development, the Supreme Court on Monday announced that the constitutional challenge to the Waqf (Amendment) Act, 2025 will no longer be heard by the bench led by Chief Justice of India (CJI) Sanjiv Khanna, and will instead be taken up by a bench headed by Justice B.R. Gavai on May 15.
The shift comes in light of CJI Khanna’s impending retirement on May 13, with the Chief Justice observing that the matter requires detailed arguments even at the interim stage and should be heard at length on a "reasonable day" by another bench.
"This matter has to be heard on any reasonable day. It will not be before me," said CJI Khanna, sitting alongside Justices Sanjay Kumar and K.V. Viswanathan.
“We have gone through the counter and rejoinder. Yes, some points have been raised on registration and disputed figures. It needs to be dealt with thoroughly. I do not want to reserve any judgment or order even at the interim stage.”
The court then directed that the matter be listed before Justice Gavai's bench on May 15 for further proceedings both interim and final.
During the hearing, Solicitor General Tushar Mehta, appearing for the Centre, respectfully remarked, “We would have loved to pursue your Lordship as every contention has an answer. But we cannot embarrass you because there is no time.”
In a lighthearted moment, Mehta added, “It is painful to remind your Lordship [of the retirement],” to which the CJI responded with a smile, “No, no I am looking forward to it.”
The petitions before the apex court challenge the Waqf (Amendment) Act, 2025, which was passed by the Lok Sabha on April 3 and cleared by the Rajya Sabha on April 4. It received Presidential assent on April 5.
The amendment seeks to revise the regulation of waqf properties assets dedicated for religious or charitable use under Islamic law by, among other things, removing the concept of “waqf by user” from the statute.
This removal, petitioners argue, threatens the status of historical mosques, graveyards, and religious sites without formal documentation, many of which have existed for centuries.
Multiple petitions have been filed, including by Congress MP Mohammad Jawed and AIMIM MP Asaduddin Owaisi, who claim the law discriminates against Muslims and interferes with their constitutionally protected right under Article 26 to manage their religious affairs.
The Union government, in its affidavit, defended the amendment as a necessary reform to curb misuse. It cited a 116 percent increase in waqf land after the 2013 amendment, alleging that “private and public lands were being arbitrarily claimed as waqf,” infringing on citizens’ and government’s property rights.
Regarding the exclusion of “waqf by user,” the Centre stated that the change does not curtail the right to dedicate property to God, but ensures dedications follow statutory procedures.
The Centre also rebutted objections over the inclusion of non-Muslim members in the Central and State Waqf Boards, arguing that their presence is minor and only aims to ensure diversity and transparency, not interference with religious rights.
Meanwhile, six BJP-ruled States, Haryana, Maharashtra, Madhya Pradesh, Rajasthan, Chhattisgarh, and Assam have also approached the Supreme Court in support of the amendment, contending that unregulated waqf claims have serious administrative and legal implications.
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