The Supreme Court of India resumed its hearings today on a series of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench headed by Chief Justice Sanjiv Khanna heard arguments on the matter but declined to issue any interim relief or stay on the enforcement of the Act. The court instead stated that the hearing will continue further on Thursday, underscoring the complex and sensitive nature of the legal challenge.

The Waqf (Amendment) Act, 2025 was passed by Parliament on April 4 and received Presidential assent on April 5, before being notified by the Central Government on April 8, bringing it into immediate effect. The Act has sparked widespread political, religious, and legal debate, prompting approximately 72 petitions from various quarters of civil society, religious bodies, and political representatives.

Some of the notable petitioners include AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), and Congress Members of Parliament Imran Pratapgarhi and Mohammad Jawed. These petitions collectively argue that the new amendments violate fundamental rights, particularly those guaranteed under Articles 25 and 26 of the Constitution which deal with freedom of religion and religious institutions.

During today’s proceedings, the Supreme Court posed a significant query to the Central Government, asking whether Muslims are permitted to be part of Hindu religious trusts, a question that opens broader discussions on the interfaith dynamics and parity of religious administration in India. This line of questioning suggests that the bench is examining the issue through the lens of constitutional equality and non-discrimination, especially concerning religious governance.

The Centre, represented by the Attorney General of India, has maintained that the Waqf Act amendments were necessary for regulatory clarity, accountability, and to curb misuse of religious properties. However, petitioners argue that the changes infringe upon the autonomy of Waqf institutions and amount to state overreach into religious affairs.

At the heart of the challenge lies the definition and scope of the Waqf Board’s powers, the management of properties, and the right of religious communities to govern their institutions without government interference. The petitioners also raised concerns about the removal of judicial oversight, alleging that the amendment curtails access to civil courts and consolidates authority within quasi-judicial bodies, thereby weakening checks and balances.

In addition to this, the petitioners highlighted a lack of consultation with key religious and community stakeholders before the Act’s passage, arguing that it bypassed democratic engagement and lacked transparency in its drafting and legislative journey. Several leaders from minority communities believe the amendment undermines their rights and may set a precedent that endangers the secular ethos of Indian constitutional democracy.

The Supreme Court, while not issuing any stay, has assured all stakeholders that the matter will be heard with the utmost seriousness and urgency, acknowledging the significance of the issues raised. The continuation of the hearings on Thursday is expected to involve detailed submissions from both the petitioners and the government, potentially including amicus curiae or independent experts on constitutional law.

Outside the courtroom, the issue has taken on political dimensions, with various opposition parties and civil society organisations criticising the government’s approach. Several protest gatherings and press briefings have already taken place in Delhi and other parts of the country. The debate over the Waqf Act is expected to feature prominently in the broader political discourse leading up to the 2025 general elections, as parties stake out their positions on minority rights, secularism, and religious freedoms.

In conclusion, the Supreme Court’s continuing scrutiny of the Waqf (Amendment) Act, 2025, represents a significant moment in India’s constitutional and legal history, as it seeks to balance religious autonomy with state regulation. The outcome of the hearing will not only impact the Muslim community’s rights over religious properties, but also set a precedent for how religious institutions across communities may be governed in the future. As the matter progresses, all eyes remain on the highest court of the land to deliver a balanced and constitutionally sound verdict.

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