Supreme Court to hear Waqf Amendment Act challenges on January 21

The Supreme Court on Tuesday scheduled January 21 next year for hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, news agency Press Trust of India reported.

A bench of Justices MM Sundresh and PB Varale directed the parties to complete their pleadings by December 31, 2026. The court also allowed applicants who had filed applications during the proceedings to submit writ petitions within two weeks.

“We permit the applicants who filed interlocutory applications and were directed to be taken in that capacity to file writ petitions within two weeks from today. Copy to be served on nodal counsel, who is directed to compile and include judgments relied upon by the petitioners. Additional Solicitor General to respond to the written submissions made. The pleadings shall be completed by December 31, 2026,” the bench said.

When the matter came up for hearing, the nodal counsel told the court that five lead petitions had earlier been identified, while 135 petitions had been converted into applications filed during the proceedings. He proposed that all parties submit written arguments so they could be compiled.

Solicitor General Tushar Mehta, appearing for the Centre, referred to the court’s April 17, 2025, order under which only five lead petitions were taken up to avoid an unmanageable number of cases. He argued that the earlier arrangement should not be changed.

President Droupadi Murmu had given her assent to the Waqf (Amendment) Bill, 2025, after it was passed by both Houses of Parliament following heated debates.

According to PTI, the Supreme Court on September 15 last year put on hold some key provisions of the amended law but refused to stay it in its entirety. The suspended provisions included a clause allowing only those who had practised Islam for at least five years to create a Waqf.

The court had said the temporary suspension of some provisions was necessary to “protect the interest of parties” and balance their interests. It suspended the powers given to a collector to decide the status of Waqf properties and also ruled on the participation of non-Muslims in Waqf bodies.

The court directed that the 20-member Central Waqf Council should have no more than four non-Muslim members. It also said the 11-member state Waqf boards should have no more than three non-Muslim members.

“The following part of clause (r) of Section 3 of the Amended Waqf Act ‘any person showing or demonstrating that he is professing Islam for at least five years’ shall stand stayed until the rules are framed by the State Government for providing a mechanism for determining the question as to whether a person has been practising Islam for at least five years or not,” the court had said.

The Supreme Court had also suspended a provision stating that a property should not be treated as Waqf property until a designated officer submitted a report.

The petitions challenging the Waqf (Amendment) Act, 2025, will now be heard on January 21 next year after the parties complete their pleadings by the court-set deadline.

- Ends