Supreme Court hears batch of petitions challenging Waqf (Amendment) Act, 2025
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New Delhi: The Supreme Court of India today began hearing a large batch of petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025. A bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, commenced the hearing at 2 PM.
Over seventy petitioners have approached the Court, including prominent political leaders such as AIMIM MP Asaduddin Owaisi, Congress MP Md Jawed, RJD MP Manoj Kumar Jha, TMC MP Mahua Moitra, and SP MP Zia Ur Rehman. Religious and civil society bodies like the All India Muslim Personal Law Board, Jamiat Ulema-i-Hind, Samastha Kerala Jamiatul Ulema, the Association for Protection of Civil Rights, and the Imam of Jama Masjid Bengaluru have also joined the challenge. Political parties such as DMK, IUML, YSRC Party, CPI, and even Tamil actor Vijay, representing TVK, are among the petitioners.
Several state governments — including Rajasthan, Gujarat, Haryana, Maharashtra, Assam, Uttarakhand, and Chhattisgarh — have filed intervention applications in support of the Amendment. The Central Government has filed a caveat to participate in the proceedings.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan outlined two aspects.
"There are two aspects we want to ask both the sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue?" the CJI said.
"The second point may help us in deciding the first issue to some extent," the CJI added.
The hearing is underway with senior advocate Kapil Sibal, appearing for the petitioners' side, making submissions.
Senior Advocate Kapil Sibal argued that the Amendment abolishes the concept of "waqf by user", which he described as integral to the Islamic tradition and recognized in the Ram Janmabhoomi judgment. He also expressed concern over new limitations introduced by the law, saying they would prevent rightful claims on unregistered waqf properties, especially those that are centuries old.
CJI Khanna responded, stating that while limitation periods serve a legal purpose, their impact would be assessed on a case-by-case basis.
Sibal also raised objections to changes in the composition and appointment processes of Waqf Boards, alleging that they now amount to a “complete takeover” through nomination, violating Articles 25 and 26 of the Constitution.
Senior Advocate CU Singh emphasized the charitable and religious character of waqf institutions and stated that the focus should not be limited to essential religious practices alone under Article 26.
Justice Viswanathan remarked that administration of property, even religious in origin, could be subject to regulation, while cautioning against overuse of the "essential religious practice" doctrine.
CJI Khanna made an informal remark noting concerns over the extent of waqf claims, pointing out that there were reports that the Delhi High Court building itself stands on waqf land. He added that while not all waqf by user claims are invalid, a balance must be struck.
The hearing is ongoing, with arguments expected to continue.
The Centre recently notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses.
The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.
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Heavy rain, hailstorms likely to lash Uttarakhand on Tuesday; IMD issues warning
Dehradun/Pithoragarh (PTI): The India Meteorological Department (IMD) has issued a warning for heavy rain and hailstorms across several districts of Uttarakhand on Tuesday, as temperatures remained markedly below normal in the region.
Heavy rainfall is likely at isolated places in Dehradun, Haridwar, Tehri, Pauri, Nainital, Champawat, and Udham Singh Nagar districts. Most places across all districts are expected to receive light to moderate rain or thunderstorms, while higher reaches are likely to witness snowfall, officials said on Monday.
The weather department warned of thunderstorms accompanied by lightning, hail and intense spells of rain in six districts, including Dehradun and Nainital. Gusty winds with speeds reaching 40-50 kmph are also expected at isolated locations in these areas and other hilly districts.
In the state capital, Dehradun, the sky is forecast to remain partly cloudy with light rain and thunderstorms accompanied by gusty winds of 30-40 kmph.
The maximum and minimum temperatures in the city are expected to hover around 31 degrees Celsius and 19 degrees Celsius, respectively.
Maximum temperatures during the past 24 hours remained markedly below normal in the hills and appreciably below normal in the plains. While no significant change in temperature is expected over the next 2-3 days, the IMD predicts a rise of 3-5 degrees Celsius during the subsequent 3-4 days.
Rainfall was recorded in several areas after 8.30 am today, with Ramnagar receiving 31.5 mm and Nainital recording 26.5 mm. Other areas, including Pithoragarh, Khatima and Champawat, also reported moderate precipitation.
Authorities have stopped a batch of 36 Adi Kailash pilgrims at the Dharchula base camp and placed the high-altitude yatra route on high alert following heavy rains and hailstorms in the district on Monday.
Dharchula SDM Ashish Joshi said the pilgrimage was halted due to adverse weather conditions. The issuance of new inner-line passes has been suspended until the weather normalises.
With 1,700 passes issued so far, pilgrims already at higher camps are being monitored for safety, the official added.
